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fighting_498a (engineer)     01 March 2014

498a quash in ap hc

Hi All,

My wife filed 498a,DP3,4 on me and my parents .

I approached AP HC and quashing of FIR.HC granted stay on investigation.

She filed divorce under cruelty and crpc 125.

I filed counter on divorce denying allegations and later filed MOU to settle Rs.X and at the time of divorce 50% and rest 50% after closing of 498a,DP3,4,crpc 125

After filing MOU and next week itself Judge sanctioned divorce under cruelty ground and there is no cross examination and no witnesses and I paid 50% amount.

498a gang is not ready to come HC and asking to withdraw quash petition and will close case in lower court.

My HC lawyer telling that until she comes HC case will not move further.

My Queries are:

1) Is it true that as long as 498a gang not comes to HC case will not proceed futher?

2) How can i put pressure on 498a gang to come HC?

3) How to move quash petition further proceedings?

Thanks

 

 



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 3 Replies

Gautam Kapoor (IT professional Studying Law)     08 March 2014

Did you get divorce ? Was MOU part of the divorce proceddings ?

Did they file vakalat to vaccate your HC stay?

Please provide more details

fighting_498a (engineer)     08 March 2014

-Yes,I got divorce

-MOU was part of divorce proceeding

-First date I filed vakalat on divorce case

-Second date I filed counter in that I admitted marriage and denying all allegations

-Third date MOU filed both

-Fourth date Divorce granted under cruelty ground in the judgement mentioned there is no point giving divorce under cruelty, and there is no possible of reunion and to live happily both in future divorce granted under cruelty.

-They didnot file any vakalat to vacate stay in HC.

-They are telling that take quash petiton from HC back and will close 498a in lower court itself

Please guide me how to approach

Gautam Kapoor (IT professional Studying Law)     13 March 2014

-They are telling that take quash petiton from HC back and will close 498a in lower court itself ->Never do it.Just say for example you take back the quash petition are you sure they will close 498 in lower court. Do you know there is nothing called a 498 closure, the petitioner has to turn hostile to her own very allegations.

Sorry to say ,a sort of STALE MATE but let your quash petition stay in the court, let them file vakalat to counter you quash petition.

Let the opposite party give in writing  before the CAW cell or wherever she has applied the case  saying she does not want to pursue the case any further.


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