False 498a

i guess the judge might listen if either party asks for compromise but it should always be  said in front of the judge ..but am not aware as to  what sense does it make asking for it in the police station and why ?

need more views..

If She is asking for a compromise in police station than must be chargesheet has not been filed in your case and she is not interested to go for a long process as courts may take 7-8 years to complete the trial of 498A and even then that wont grant her any money. She would be wanting the police to help her in making a compromise with you by paying money. The role of police ends once the chargesheet is filed so if charge is filed police would not have any role in this case.

The evidence that she is asking for a compromise wont help. In case a compromise is reached then police may file a closure report instead of filing a chargesheet but its still the initial stage just wait and watch.

if she said any compromise at any stage and you have documentory proof regarding this then it is very useful for you in your cases.

court accept at any stage and asked for settlement. it is mandatory for judges to asked both the parties

Hi All,

She asked for compramise but when i saw chargesheet its not mention in chargesheet. When i met her i also asked her that when i demanded dowry and when u gave me 5 tolas gold that i have recording will tht help me while in trail?

Thanks

Ravindra Sonavane

Hi All,

If there is a compromise already taken place in Police Station or if there is any likely compromise after filing of chargesheet in the Court, mention the same before the court and make sure that the wife is present before the court.

In such event if she agrees to compromise before the court, then the court records her statement and statement of accused and the court acquitted the accused. because the trial court do not have power to compound the 498A offence (except insome states)

or ulternatively both the husband and wife can move joint 482 application before the Hon'ble High Court and Hon'ble High Court quashes the chargsheet in 498A. (there are no. of delhi high court judgments- which are landmark)

if the wiffe is not ready to compromise then only the evidence collected by you regarding the compromise will be useful to you.

Regards

Adv.Vijay Patait

Nagpur

Just an intention to compromise dont mean anything that dont dilute the charges against you under 498A. Compromise means that she just dont want to prosecute you now but there is nowhere proving that the offence under sec 498A was not committed by you. These are non compoundable offences the intent to compromise is of no value in court.

If you reach a compromise then a compromise deed/agreement would need to be prepared that would contain the conditions on which you have agreed to compromise and she do not want to press the complaint and then too it would need to be quashed from the High court. The trial court do not have power to quash the case without trial remember its a state case and your wife is just the complainant / witness.

First be clear if there is just a intent to compromise or actual compromise. Intent dont dilute the charge so no impact on trial.

No court won't listen to you in this matter first.

See it like this:

I intend to compromise, provided A, B, C are done. You refuse to do A, B C. My offer stands withdrawn and I can contest the case.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thanks to all