Maintenance under section 125

HITESH SHAH (Querist) 26 June 2017 This query is : Resolved
RESPECTED SIR,

IF SETTLEMENT AGREEMENT DONE IN SUPREME COURT AGAINST BATCH OF TWO JUDGES THAT HUSBAND HAS TO GIVE MAINTENANCE EVERY MONTH AND IN AGREEMENT WIFE HAS GIVEN ASSURANCE WITH HER SIGN ON EACH PAGE WITH SIGN OF HER FATHER AND SIGN OF HER ADVOCATES AS WELL AS SIGN OF MEDIATORS WHO ARE SENIOR ADVOCATES IN SUPREME COURT TO WITHDRAW ALL REMAINING PROCEEDINGS LIKE POLICE CASE, DV AND PROPERTY SUIT. AFTER THREE MONTHS WIFE HAS NOT WITHDRAWN ALL THESE PROCEEDINGS BUT HUSBAND HAS BEEN GIVING MAINTENANCE.WHAT SHOULD HUSBAND DO TO WITHDRAW ALL THESE PROCEEDINGS BY WIFE.IF WIFE DOES NOT WITHDRAW AND HUSBAND GIVES APPLICATION ALONG WITH JUDGEMENT AND SETTLEMENT AGREEMENT OF SUPREME COURT TO TRIAL COURT, AUTOMATICALLY ALLTHESE CASES WILLBE DISCARDED?THANKS

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Guest (Expert) 26 June 2017
File a petition in the High Court under Sec. 482 of the Criminal Procedure Code for quashing of the proceedings. In the said Petition attach all the documents which shows that the parties have settled the matters amicably.

Reference can be made to the recent judgment of Vishnu Kashalkar V/s Public Prosecutor, High Court of Bombay, Panaji. [ 2017 ALL MR (Cri) 334] where the facts, although not same but, are similar.

Rajendra K Goyal (Expert) 26 June 2017
May proceed as advised by the expert.

Anand Bali Adv. (Expert) 26 June 2017
Dear Friend It is well advised by Mr Bhonde, Adv. as above in his reply to your question, In that only I would like to add that being non compoundable offence under sec 498-A the FIR will not be quashed automatically but a chance to represent the case of other side will be provided by the High court to the other party and only after listening them or being Exparte Court will decide the quashing of the criminal cases on merits only. However yor case is a strong one due to the non-abeyance of the supreme Court Orders by the other party. As far as the civil nature of cases are concerned those also will be heared on merits in the same process and will be dismissed if presented in a good manner by a qualified and experienced Advocate. Best of Luck.

HITESH SHAH (Querist) 28 June 2017
thank you sir for reply

HITESH SHAH (Querist) 28 June 2017
sir all proceedings are pending against trial court and FIR WAS NOT DONE JUST SIMPLE APPLICATION WAS GIVEN AFTER TWO AND HALF YEARS.THEN HUSBAND SHOULD FILE PETITION IN TRIAL COURT OR HIGH COURT UNDER SECTION 482 TO QUASH ALL THESE PROCEEDINGS?

Guest (Expert) 28 June 2017
There cannot be any proceedings in the trial court without filing of an FIR or a Private Complaint. Either of them must have been filed against you, which is the reason that proceedings are pending before the trial court.

You can approach the High Court to quash the same proceedings pending in the Trial Court. Kindly contact a lawyer and tell him the facts in complete.