Querist :
Anonymous
(Querist) 29 March 2023
This query is : Resolved
Divorce was granted on mutual terms and we filed a compromise pitition in lokadalat for case removal and case was posted to 90 days observation period as divorce was not granted . Later in between divorce was granted and final settlement dd was handed over in front of honourable judge and same was recorded with dd number in divorce order. After 90 days girls is not willing to attend lokadalat .so please suggest on how to proceed to remove the criminal cases
If you've divorced and are struggling to remove a 498a case, even after a Lok Adalat compromise, you can petition the High Court. File under Section 482 of the CrPC, attaching your divorce decree as proof of mutual consent dissolution. While the High Court may quash the FIR directly, you can also pursue this in the trial court if necessary.
Sudhir Kumar, Advocate
(Expert) 29 March 2023
file quashing of FIR in High Court. 498a is prima-facie compoundable.
P. Venu
(Expert) 29 March 2023
You may approach the High Court under Section 482 CrPC.
kavksatyanarayana
(Expert) 29 March 2023
I agree with the advice of the above learned experts.
T. Kalaiselvan, Advocate
(Expert) 30 March 2023
You can a quash petition under section 482 cr.p.c. before high court to quash the FIR/Charge sheet on the basis of the dissolution of your marriage on the grounds of mutual consent and attach the certified copies of the divorce decree. The high court may quash the charge sheet, if not then you may challenge the same in the trial court.
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