Divorce application under 13(b)

Without withdrawing the case under Sec.498 and 406, how can you give her half of the amount of Rs. 3,50,000/-?  Is the agreement signed by her with two witnesses?

The offence under section 498a is not compoundable hence she cannot withdraw the case even if she wants therefore you may have to file a quash petition before high court in which she has to appear in person and file a no objection affidavit giving the settlement and mutual consent divorce as reason.

You talk to your advocate and proceed as suggested.

Your son may move to Family Court for directing your daughter in-law to refund the amount paid (with interest) in pursuance of terms of mutual consent agreement.

Simlarly your lawyer should move a petition to High Court for quashing of FIR U/S 498A / 406 IPC. Meanwhile forget about payment of balance amount, as agreed, for consenting to get FIR qaushed. 

Did you / your son discuss the issues with the lawyer(s) engaged ? If so, what is his/her advise ?

Section 498 A- Cruelty and section 406 (criminal breach of trust) are criminal cases. They do not automatically end because they are executed on the stamp papers. so even she signed she received all articles, she can can still continue criminal cases unless  withdraws properly. You should file section 482 crpc petition quashing of complaint in High court or either you fight on merit and trial will continue. If the wife fails to come on second motion application, the dicorce will not happen. court cannot force to come on. Your agreement on stamp paper is useful evidence but cannot automatically stop criminal proceedings. She took 3,50,000 and does not appear on second motion breaching the terms of settlement agreemnet. Now do not pay the balance amount and ask your advocate to file a civil suit for recovery asking she has taken 3,50,000 and she is not corporating in the remaining divorce proceeding  and she has not withdrawn the cases as well. For safer side apply for anticipatory bail as well.

Dear sir

IN the case od 498a and 406 she along with her two wittness (father and mother no other wittness) not turne down even in trial for their wittness since last three year only against my son who have allreaddy get bail.And we my son is going on date of hearing every time.

please guide 

What is the opinion and advise of the lawyer engaged by you / your son who is well aware about facts and circustances of the case, an able, competent, intelligent enough and duty bound to satisfy you / your son ??? Have you lost faith the your lawyer ?

If so, it is better and appropriate to show relevant records to another local prudent lawyer for proper analyses of facts/documents, professional advise and necessary proceeding.