Fir u/s 406, 498a of ipc

raj (Querist) 01 December 2013 This query is : Resolved
Dear Sir/Madam,
My brother's wife has got registered FIR u/s 406, 498A after 13 years of marriage with two kids. Fir has been registered,but Chargesheet has not yet been prepared. She has also filed Divorce Case on same grounds of cruelty which is also pending.
We are planning for a mutual divorce agreement under which both children will be maintained by wife but she will not claim any maintenance or permanent alimony for her and children.Further, after getting divorce, we wish to go to Delhi High Court for quashing of FIR. I have come to know that there are many cases under which, the high court has, on its motion, ordered deposit of money by husband for the wife and children and made it a condition for quashing of FIR inspite of the fact that divorce agreement/decree does not contain any such demand by wife. Further,we have no faith on my brother's wife, it can also happen that in the high court she may claim that she was pressurised to sign the mutual divorce agreement by her counsel or she was not aware that she will not get any money from her husband. In that case, is it possible that the judge of high court may, suo moto, ask the husband to first deposit lumpsum money for the children and then he will quash the FIR?
I also wish to know whether before grant of divorce by lower court, my brother's wife can go to high court to get the FIR quashed by claiming that she had framed false allegations against the husband and his family in a state of angor and without any evidence. Will the high court quash FIR when the complainant herself approaches the high court for quashing of FIR?
Kindly advise on the subject asap.

Thanks in advance.

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Manoj Choudhary (Expert) 01 December 2013
Since everything is going smoothly, dnt take grounds that allegations are false for quashing FIR.

If you afraid that she may take U turn on Money, Better take an affidavit sworn by her containing all the compromise. If anything which is already settled between the parties before appearing to the court, The Court can not interfare in that...

ajay sethi (Expert) 01 December 2013
obtain divorce by mutual consent . based on divorce decree approach HC for quashing FIR

Rajendra K Goyal (Expert) 01 December 2013
First MCD and afterwards quashing of FIR. Get all conditions incorporated in MCD.

Devajyoti Barman (Expert) 01 December 2013
yes take divorce nad then go the HC or quashing.

R.K Nanda (Expert) 02 December 2013
agree with experts.

raj (Querist) 02 December 2013
Thanks a lot sir, I further wish to know that if, after getting decree of mutual divorce from lower court, wife shifts her residence to other State secretly to avoid quashing of FIR by High Court, what is the remedy available to husband as his wife is not available. I am asking this question because I have come to know that my brother's wife is planning to shift to some other State and/or abroad. Thanks