Sunil G (.) 17 February 2013

Fir quashed based on fulfililng settlement agreement?

Hello,

Could you please advise how I can get the 498A quashed as I had already paid entire 30 lakhs per MOU? Is it possible to get FIR quashed based on fulfilling settlement agreement which expliciitly says that she will withdraw the case upon receipt of the money? She is now refusing to withdraw case after issuing a receipt that she receieved full and final settlement.

Below is my full story:

My wife filed false 498A case against me and my parents. Eventually, an agreeement was signed by her and me, which said she would withdraw her case against us upon my payment of 30 lakhs to her. Accordingly I paid her 30 lakhs a month later. She issued a receipt to that amount. However she is now refusing to withdraw 498a case against us, directly in contradiction to the agreement.

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3 Replies

Arvind K. Vashistha (Attorney and Counselor at law...) 17 February 2013

Dear User,

First of all, Its depends on the discretion of Hon'ble court to quash the FIR which is filed against you. You can file the petition of Quashing under section-482 C.r.P.C. before the concerned High Court. Firstly Hon'ble court check the genuineness and heniousity of allegations which is alleged by your wife in the FIR. After this procedure your MOU and amount of 30 lacs which is paid by you to your wife comes in picture.

Sanjeev (Lawyer) 17 February 2013

You make mistakes by paying huge amounts at one go without any steps from other side. Ideally this should have been paid in instalments.

Anyways the case would be quashed in HC basis the settlement agreement and the receipt that is issued by her as she has already benefitted and she cant back out at this stage. So file a Quash at HC and once your lawyer presents the facts about the Settlement and payment the case would be quashed but it may take some longer than it would have if she would have supported the Quash.