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Mahadev   22 December 2015

498acompromise_payment

Respected Lawyers/Members ,

                                                    1) I have a friend who is nearing compromise with his wife for 5 lacs amount and his wife is ready to compromise on 498A case ( in which he was the only accussed ) and file for mutual consent divorce  .Could you please advise when 498A quash is allowed by High court based on compromise reached , how does he need to pay the amount .

2)WIll it be lumpsum or does he have the option to pay in installments . If installments at what stages does he need to pay the amount so that God forbid he is not cheated . 

3) Is his presence required during quashing or only during mutual consent divorce . 



 2 Replies

Brachy   22 December 2015

1. High court will quash the case when both the parties have come to a common terms of payment and the complainant states on record before the court that she has reached a settlement with the accused and would not like to proceed further with the case. Quash petition under S482 crpc has to be filed before the high court.

2. Terms of payment has to be mutually agreed between the parties. It is advisable to pay only 50% before quashing after signing the settlement in the mediation centre and the rest 50% after mutual divorce decree is passed by the family court if you have a doubt that the other party will backtrack on the settlement.

3. Both the parties need to be present

 

saravanan s (legal advisor)     22 December 2015

Work out an mou in which the wife agrees to withdraw the 498a before the second motion in MCD and also to state that she agrees not to file any criminal cases in future.don't go for any out of court settlement also


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