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Quash of 498a

(Querist) 16 May 2012 This query is : Resolved 
Hello experts ,
I have a stay order for 498 A from high court allahabad and bail from meerut. Last year in november we got mutual divorce ,with written contract and affadavit, from haridwar court .According to contract we paid her 6 lacs and I kept my daughter .She aggreed to take all her cases back and not to further persue the case.

I got married this year in april and she also got married in march.
My question is we applied for quash of 498 in high court allahabad and submitted all contract papers and affadavit,last nov., There had been no hearing date since then.Should we just wait or ,is there some thing else we should do.
Nadeem Qureshi (Expert) 16 May 2012
Dear Pran
you should filed quash petition before HC imidately, no need to wait.
feel free to call
Pran (Querist) 16 May 2012
Sir ,As I said quash petition has already been filed last year Nov.
Rajeev Kumar (Expert) 16 May 2012
It takes some times in hearing as the there are a lot of cases in list and admitted serially. So it it better to you once mention it before the court for hearing through your advocate in highcourt.
deepak kumar (Expert) 16 May 2012
we are all losing sight of the fact that criminal case non compundable in nature can not be dropped at the instance of parties as offence is against the state. One of the possible course of action apart from filing of quashing petition would have been to expedite the case in the trial court and get acquitted after examining the complainant and witnessess ( as compromise has already been arrived at so witness will depose favourably ) and get acquitted but as there is stay therefore the quashing petition remains the only course of action.
ajay sethi (Expert) 16 May 2012
wait for case to appear on baord . 498 a would be quashed as parties have arrived at settlement
Shonee Kapoor (Expert) 18 May 2012
It seems that the case is not on board due to heavy pendency in Allahabad HC.

You can apply for urgent hearing of the matter.


Shonee Kapoor
M V Gupta (Expert) 18 May 2012
You have already taken the right step to get the case quashed. As mentioned by the expert the case is non compoundable by mutual agreement of the parties.

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