Quash fir

Guest (Querist) 03 December 2012 This query is : Resolved
hi,

Myself, my mom, dad & chithapa was charged under 498a, dv 3, 4. I was remanded and came on bail. After that my wife accepted for settlement and filled 13b. After that i filled petition in high court for quashing my fir. 3 hearining has gone. Since the second respondent is my wife( 1st - inspector) and as she is not appearing for the hearing to quash my fir, judge is postponing the hearining every time. I doubt she wont come for hearring for quash.
what should i do? will the judge give order for quash without her presenc?

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Raj Kumar Makkad (Expert) 03 December 2012
Once the notice is duly served to her, the Judge shall definitely proceed further in the case by deciding ex-parte against her so ensure the proper summoning to your wife.

Devajyoti Barman (Expert) 03 December 2012
If the petition for mutual divorce is already disposed of wherein she undertook to help in quashing the FIR, the High Court would quash the case even if your wife does not turn up.

ajay sethi (Expert) 03 December 2012
has the decree of divorce by mutual consent beeen granted?

Guest (Querist) 04 December 2012
@ajay - no decree is not yet granted. Its on feb 2013 dated.
@deva - yes 13B is signed and she has mentioned she would close the case.

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