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vishak (manager)     01 September 2012

498 a

Dear experts

i am a false victim of 498 A. After filing case she has settled with an amount and agreed to seperate happily and acccordingly she went to police and  agreed. then police gave an  FR  to court which is  still pending.


Now she has changed her mood and expressed that she will not accept the FR and will fight a case and challange tthe FR before judge.

To what extent i am protected at this stage

 

please help & guide



Learning

 8 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     01 September 2012

vishak what is FR .

when you decide to part of why didnt you apply for mutual consent divorce. It would help you in getting of the entire issue once for all .

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     01 September 2012

If the police has filed a final/closure report saying no case is made out against you on the basis of compromise. Your wife can stil challenge the final report by preferring a protest petition. If she does, and the court takes cognizance notwithstanding the final report - you can go to the high court challenging summoning order or even go in for a quashing if the facts of the case allow.

 

Regards,

 

Adv. Bharat Chugh

1 Like

vishak (manager)     01 September 2012

We were ready for mutual consent once. But later on she changed her mind and now expected that she will not accept FR for which she herself has agreed before police.

Please tell me

 

What is queshing ??

MohammedRaffiq Bijapur (Advocate)     02 September 2012

Ur wife has right to protest the final report(FR). But she has to satisfy the court about the prima facie of the cognizance of the offence which u can ascertain during EBC. Then u can challenge the process if cognizance is taken in absence of any materials to constitute an offence. However U have to wait until EBC(Evidence Before Charge).

vishak (manager)     03 September 2012

thanx mohammad ji and all.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 September 2012

It can be challanged, it is better to get case quashed based on compromise.

 

 


Regards,
 
Shonee Kapoor

vishak (manager)     05 September 2012

The compro copy is not with me. However before IO she had accepted for FR and accordingly IO took note of the same and forwarded to court for further action after getting it signed from CI of police.

 

Weather queshing would sccceed?

 

Further one more thing, as per notice served to her by court, can she accept/reject FR through a reply? Or she need to present in person on given date? Or weather suo moto she can accept/reject FR before the given that?


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