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Successfully fighting with 498 (MANAGER)     06 February 2014

498a withdrawn after mcd

Dear All,

Can anybody provide the 498a quash judgements when “wife is not co-operating withdrawn criminal case after MCD”



 11 Replies

K*I*L*L*E*R (tech)     06 February 2014

dear member

tell the case in details

did u not made MOU at the time of going for MCD and did u not mentioned the condition that she will withraw all civil and criminal cases against you

plz clearify in dtail so we can help u

K*I*L*L*E*R (tech)     06 February 2014

Dear Member

Please discuss the case in detail befor anyone suggest u what to do...

did u not made MOU at the time of filing for MCD and did u not mentined the condition that she wil withdraw civil and criminal charges against u after MCD

Successfully fighting with 498 (MANAGER)     06 February 2014

Yes,

Condition was mentioned in MCD that :she will withdraw civil and criminal charges after MCD.

But now she is not co-operating.

K*I*L*L*E*R (tech)     06 February 2014

doesnt matter if she co operate or not take that MOU and go for 482 crpc quash in high court the court will quash the case in her absence also

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 February 2014

Supreme Court held that where the criminal cases have been registered under Sections 406 and 498A IPC as a result of matrimonial discord and there is a settlement arrived at between the parties it would be against the interests of the woman and the object for which Section 498A was enacted if the High Court did not, in such circumstances, quash the proceedings. 

aap (manager)     06 February 2014

Sir can u explain this in simple common man language

Thanks

sandykrish (Interested in Family LAW)     06 February 2014

@ AAP, In simple words you can apply for Quash in High Court using the settlement agreement

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 February 2014

Yes SC has said in many cases and directed for QUASH but only when both parties are willing and ready.

 

If not it is police case and matter will go on in lower court. Even higher courts can not do nay thing if other party is not willing to cooperate .

 

So better way is let the case proceed in lower court and you can confront your spouse with agreement in cross and can weaken the case.

aap (manager)     06 February 2014

@lakshminaryan so both the parties should need to be present to quash the fir, but what if wife after getting mcd then not show at the time of quash will the quash struck

Successfully fighting with 498 (MANAGER)     07 February 2014

Please can anybody provide the judgement copy

Successfully fighting with 498 (MANAGER)     10 February 2014

Please reply


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