Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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pilot (field officer)     08 October 2009

498a, dp 3,4 quash

What is the procedure for quashing 498a after 1 year? The girl wants compromise and willing to attend high court?  Quash was filed last year but judge kept it in pending, untill divorce is resolved. Present situation is mc divorce is dismissed due to absence of parties.  Now  what are the steps  to be taken  fo rquash?

Thanks for your guidance and help.

 



Learning

 4 Replies

Kiran Kumar (Lawyer)     09 October 2009

Mr. Pilot,

now what the final position is whether u want to continue with marriage or u both need divorce?

 

otherwise, if she has agreed to appear before high court for quashing purpose then you simply have to do few things first write a detailed compromise, it must contain all the conditions and consequences then both the parties sign it in the presence of witnesses-this compromise may be written on simple paper; secondly prepare supproting affidavits of husband, wife and any other accused mentioned in the FIR, such an accused must also sign the compromise- these affidavits shall be in support of the compromise; thirdly get all the documents attested from a Notary.......and finally move a qaushing petition before Hon'ble HC under S.482 of Cr.P.C.......there are various judgments by Hon'ble SC and High Courts in this context and the legal submissions will be taken care of by you Lawyer/ Advocate.

 

make sure this compromise, so written, is complete in every respect and duly performed too....if you both need divorce then mention it therein and file a fresh petition.....if you both intend to continue with marriage then again mention the same....if some amount or articles are to be given back then it should also be mentioned therein.

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Arvind Singh Chauhan (advocate)     09 October 2009

Mr.

    Pilot Kiran Kumar has shown you the ferfect direction.

pilot (field officer)     09 October 2009

Presently the situation is to continue the marriage. How much time does it take to process the quash in case of presenting the detailed compromise to the court?

thanks,

 

Arvind Singh Chauhan (advocate)     09 October 2009

I think it shouldnot take much time because your case is not contested in procedeeding under 482 Cr.P.C., and is based on compromise.  Mr. Kiran Kumar can say better because he is practicing in HC. It also depend on sitting of court. I am sure that you will get sucess because Now days the trend of judiciary is that, matrimonial relation should not be fettered.

                                                                   Wishing your happy matrimonial life ahead.

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