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KESARI KUMAR   19 March 2016

498 quash

Dear Sir ,

 
May I request you to clarify on 498 a quashing in AP High Court .
I wish to inform you that the marriage of my son was performed in 2010 in Hyderabad AP and a criminal case under 498 a , 420 , 406 and Sec 4 and 6 of DP act was initiated in 2011 and a charge sheet was submitted in 2012 and the case is still pending against me ie father A2 / mother A3 / sister A4 and my son A1.
My son A1 and Daughter A4  live in USA.A stay was obtainedf for Myself , my wife and my daughter in Sept 2014 and the stay is still subsisting.
Now she has come for a settlement and has agreed to go for compounding 498 a case .She has signed a MOU on 7 th Jan 2016 for a sum of Rs 9,00,000/- in 5 Instalments and has already taken Rs 2,00,000/- on 7 th Jan 2016 and has withdrawn the DVC case pending against 4 of us and the said DVC is closed based on the MOU terms and conditions . As per the terms she also took Rs 2,00,000/- on 4feb 2016 and filed for a Divorce which is posted on 6 April 2016.
Now she is going back on her word not not intersted in withdrawing the 498 case and she and her lawyer is dodging us .Kindly suggest me a viable solution how to Quash the 498 case now I have the original MOU whch clearly mentions that she will compromise / withdraw the said case .
Please help.
Thanks and Regards,
Kesari


Learning

 5 Replies

KESARI KUMAR   19 March 2016

Try to add value to the discussion, with your each post.

laxmi kant joshi (instructor)     19 March 2016

If she turned back from her words then don't pay any more to her, use this mou as an evidence against her which reflects her malafide intention to harass you and your family only to extort money by dragging your family in the false cases, submit in each case this mou and ask justice from the court for you and your family .

Vijay Raj Mahajan (Advocate)     19 March 2016

The MOU reached between parties to withdraw the criminal charges against the husband and his family members and in furtherance of the MOU the part payment was made as per terms and conditions as agreed between both parties. This itself is good ground for getting the order of quashing of criminal proceedings quashed by the Hon'ble High Court, please move quashing petition in the High Court and plead accordingly.

1 Like

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     19 March 2016

In addition to the advise tendered above , I would also like to suggest that an MOU is basically an agreement and hence one cannot be permitted to back out of the clauses of the same unless the said right is statutorily available to her . She may back out of filing the second motion as the same is within her prerogative . However she cannot deny her participation to have the FIR quashed .

Sreenivas V (S/W)     20 March 2016

As she cheated in settlement now don't give the remaining money untill all cases are closed. As suggested by experts try for quashing


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