498a quash before divorce?

Sir, See it all depends on the terms of the compromise deed as in how it has been drafted and all.... Yes the police will not arrest you because of the compromise deed between and u can apply for anticipatory bail on the basis of the compromise deed as well.... Generally girls side co-operate because at the time of first and second motion it comes on order sheet that as per the deed, the girl will be agreeing for quashing and all .... Regards Kapil Chandna Adv 9899011450

Thank you Sir

but again I dont trust them and I want to go for quash first. is it possible? my worry is if they wont cooperate after divorce then we will be in big trouble

Ensure to have a well drafted compromise deed which indicates quash first and then MCD. I hope you got the holistic view.

Thank you Kapil Sir and Sandy

1) Can 498a be quashed before divorce - If agreed by Girls side on MOU? If yes then is there is any judgement ?

It is not binding that the the criminal case has to be quashed before divorce on the basis of MOU, there is no judgement for this.

 

 

2) If not, then can we file 498a quash after first motion of divorce but  before second motion? Is 498a can be quashed after final divorce only?

Filing quash petition of pending 498a IPC case has no relationship with the ensuing divorce case, be it any motion.    That is different from this, it depends on how you would like to take up the issue

 

 

3) If Girl's side mentions in MOU  that they will fully cooperate on 498a quashing after divorce. Whatif she dont cooperate. Can 498a be quashed on MOU terms?

Any such MOU cannot be relied upon.  The MOU cannot be a legal binding that it can be enforced,  If she withdraws consent against the terms of MOU, one cannot force her to go by it.

 

4) If I go to India ( for divorce proceedings - MCD ) while 498a cases on me  as per  MOU agreement. Can police still harass me? Judge keep saying for settlement , Can we ask her to give bail or some sort of order  not to harass me while I am in India ( for MCD ) as per MOU?

If you have not taken anticipatory bail in 498a case, the police may go by the rules, they may even remand you in the absence of any bail, so better to get enlarged on bail before visiting India for divorce case and fight the pending 498a case too accordingly.

 

Since you said that you cannot trust those people, you have to consult your advocate to follow the precautionary measures before landing in India.