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singh Singh (Consultant)     16 August 2021

Exparte divorce - quash 498a

I had filed Divorce and my wife had filed 498A against me in 2016, In 2019 I got ex-parte divorce. We both have now mutually agreed to stay separated and she is ready to co-operate to close any pending cases.

1) How do we get 498A case closed or quashed. charged sheet was filed in 2017. Can we directly approach high court to get 498A quashed. or first have to file mutual dirvoce and make agreement. we do not want to waste 6 months for this process.

2) we have 13year boy who has been staying with me. how can i get legal settlement of this custody.

This  498A FIR was filed in UP state and now we both are leaving in other states. Can we close in our states or have to visit Allahabad high court. Does my ex-wife also need to visit high court or affidavit is sufficent.


 1 Replies

minakshi bindhani   07 September 2021

As per your query concerned
1. Section 498 A of IPC is not a compoundable offence under section 320 Cr. P.C where a compromise can take place.
2. If both the parties are interested in amicably settle the matter
a. At first, you may file a suit for mutual divorce under S.13(1)(b) of the Hindu Marriage Act before a Family Court.

b. An agreement implies a condition thereupon the amicable settlement has been made without undue influence.
c. The custody of the child under the Guardians and Wards Act, 1890 before giving the custody, the court would consider the welfare of the child. The court would examine paramout consideration for the child
d.Meanwhile, present an application before the High court under S.482 Cr. P.C to quash the F.I.R
2. As per the territorial jurisdictions of the case, to quash the F.I.R the matter shall place before the High Court.

3. The remedy availed for you is that:
you may appoint a pleader from the local jurisdiction where the case has been filed

The pleader appears on your behalf or may ask for permission that you are unable to attend the court due to your occupation, It's difficult for you to attend every hearing.
So through video conferencing, you may appear.

Hence, at the same time, you proceed with different litigation i.e the mutual divorce and for custody and to quash the F.I.R.

Hope it clarifies your issues!
Minakshi Bindhani

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