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High Court decision in Quashing 498A

Querist : Anonymous (Querist) 09 August 2010 This query is : Resolved 
My wife filed 498A against me, we agree for mutual divorce, she is helping us for quashing it in high court, after my and my wife appread in 498A Quashing case (482) in high court the judge after confirming from us our divorce date (final decree date), said to our lawyer that the 498a will be quashed when we show him the divorce degree no need of clients only the lawyer show the court the divorce decree . but in true copy of the case "Since the offence is punishable under section 498A of IPC is non compoundable. IA stands dismissed with the observation that effect of compromise shall be taken into consideration while considering the petition the petition finally in the light of decision of the APEX COURT in BS JOSHI V. State of Haryana(2003)4SCC 675 followed. As prayer for matter be listed for final hearing on given date." I want to know what exactly it means, the quashing is sure or we have to attend the final hearing.
Devajyoti Barman (Expert) 09 August 2010
Yes, it is confirmed but the high court wants to see the decree of mutual divorce before passing the final order in quashing.
s.subramanian (Expert) 09 August 2010
when an offence is non compoundable, the high court and the supreme court in exercise of their inherent powers can grant leave to compound such offences.such a leave would be given by those courts only on the basis of the relationship between the parties and other aspects. you cannot take things for granted. when the matter is taken up for hearing and judge develops some doubts and seeks clarification,it would be better for you to be present their to clarify those doubts and finish the matter positively.
Querist : Anonymous (Querist) 20 August 2010
Do my wife have power now to refuse to withdraw 498a after above high court decision, or she can demand anything if any lawyer suggest her.High court true copy it is written " All the disputes prevailing between them have been settle amicably, their petition for divorce by mutual consent has been fixed for verification on certain date.
Since the offence is punishable under section 498A of IPC is non compoundable. IA stands dismissed with the observation that effect of compromise shall be taken into consideration while considering the petition the petition finally in the light of decision of the APEX COURT in BS JOSHI V. State of Haryana(2003)4SCC 675 followed. As prayer for matter be listed for final hearing on given date."


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