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Avinash (Engineer)     11 July 2013

498a settlement query ... plz help

Hi All,

I have a question regarding closure of 498a. My wife had filed false 498a one year back, Current situation is that  chargesheet is just filed and next week will be my first hearing. Meanwhile we both have agreed for mutual consent divorce and one time alimony payment.

My lawyer is telling that i need to give all her customary items along with DD(Demand draft) to her in court and in return she will speak in the court to take back 498a. Is this possible in lower courts to close 498a ? I have read articles about HC quashing etc. Not sure which is correct ? Any help in this matter, will be thankful..

Additionally will be filing a joint petition for mutual divorce before the court after this matter.

Regards,

Avinash.



Learning

 19 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 July 2013

s. 498 A is compoundable only in AP state. In other states you will have to approach the HC for quashing.

1 Like

Avinash (Engineer)     11 July 2013

Hi Archana,

Thanks for your reply. But the question here is that the case is yet to start in coming week, my lawyer is telling me that once she gives statement in the court that she will take back the case and we are heading for a compomise, her statement will be recorded before the judge and henceforth 498a can be discharged/dismissed. Is this possible ? I am from Karnataka,Bangalore.

Regards,

Avinash.

Adv Archana Deshmukh (Practicing Advocate)     11 July 2013

If your wife rescinds from her earlier statement in the FIR and say that there was not cruelty then you can be discharged in the lower court itself.

1 Like

Avinash (Engineer)     11 July 2013

Many thanks...  Just wanted to confirm on this..  Also if the 498a case is in midway stage(after few hearings) ,  then also is this above applicable or we need to go to HC to quash.? 

Adv Archana Deshmukh (Practicing Advocate)     11 July 2013

It would depend upon how much evidence is over and what has come in evidence. If the evidence of wife is yet to be recorded then, ask her to turn hostile in the court. If evidence of main witnesses is over then go for quashing in the HC.

1 Like

498 A fighter (Advocate)     11 July 2013

you  fingt your case on the basis of merit if you did some thing wrong then only go for compramise, if not then why are you giving money to her?

iska matlab hai aap jaise log hi is tarah ki aurto ko badav de rahe hai aur yahi dekh kar dusri aurte bhi false case file karti hai,

just fight the case if you are on bail then nothing will happen now , apne aapko itna mat girao aur bina kassor ke kassorwar mat bano,

1 Like

Avinash (Engineer)     11 July 2013

Yes,  i do agree but the problem is about travel time_ 6 hrs and the fact is that its too stressful... I strongly feel indian law shud be modified to avoid such legal terrorism...   

498 A fighter (Advocate)     12 July 2013

sir aapne shadi ke samay socha tha ke aapka ghar aur aapka sasural ka distance run 6 hours ka hai tab to man me laddu fut rahe the agar 36 hours ka hota tab bhi aap daud kar jaate fir jab sab accha tha to sasural kitni baar gaye tab koi shikayat ki? aur bina reservation ke gaye honge? ab 6 hours ka distance long distance lag raha hai >

anyway by your feeling law will not change , feeling words used by coward . if you want to change the word or modify the indian law or better to modify the socity the act and act positively you are not able to bear the stress of journey of six hours so how you will stand in the court for full day?

you better go for compromise . pay to your wife and search anther patner and live happily dont thing about indian law.

also you dont have to fear by indian law as you dont have to face it . so just get relax and enjoy

reagrds and live happiely

Deepak (vigilance Officer)     12 July 2013

Hi All,
I got married in the year 2006 and me and my wife stayed together for 9 months since the date of marriage together during this time itself I found that she wanted me to become her parents GHAR JAMAI which she never told clearly from her mouth but through her actions I found out, and during the same time she has been trying to threating me and my family saying she will die own her own and put my whole family behind bars on the false case. I immediately informed the same to her father who said, "you have to do as she says" i got shocked after hearing this and I immediately asked him to come and clarify everything now. But that person took that girl with her for about one and half year and then I brought her back in may 2008 and then again she went with her father without my approval. Since that day I have been trying to bring her and trying to speak with her but she is not picking my call.

And now I have come to know she has given a written FIR on 9th JAN 13 filing FAKE 498a on my entire family and we are still trying to get anticipatory bail, now I really don't know what will happen? She has completely destroyed me and my family financial background, please suggest what to do?


Deepak

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     12 July 2013

You only feel that law should be modified and but who will do it. aap lado aur compromise mat karo, 

ashoksrivastava (scientist)     12 July 2013

Hi Avinash you both need to file a joint petition under crpc 482 in HC  for quashing. Be sure to get a proper compromise deed prepared by a seasoned lawyer before agreeing for MCD.

Regards ASHOK

Avinash (Engineer)     13 July 2013

Ttnks Ashok, but i will probably go by MOU by both of us in lower court itself, as not even a single hearing has happened (only chargesheet is ready) rather than HC.. 

 

Vijay sir, 

I have suffered enough against this one sided law,  peace of mind is more important to me than my hard earned money which i can always earn.. At the end of day,  After all this fight,  we will not land up anywhere than a few appreciations after winning case..  But this really comes at a price of both time and money,  which i dont want have... 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 July 2013

I would still say that unless the case is in AP, you better go for quashing of the case.

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Rajaramana RV (Employee)     15 July 2013

Dear Avinash,

How did you get the chargesheet? Did the police or court summon you? Did you have to collect it from court - Kindly reply as I am helping another person in 498a matter. Yes this section has caused a worry to lot of people.

For you matter, I suggest that you 

  1. Get the MCD document prepared between the two of you.
  2. In the MCD document itself, mention that you wont do cases on each other and she will take back the case.
  3. Once this happens, see how she reacts in lower court in evidence stage. Once she complies go for HC quashing.
  4. Ensure that you your lawyer in the loop and get behind so things happen smoothly.

Let us know how things work out for you so we can advise you better.

1 Like

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