challa lavanya (Purchase Assistant) 18 December 2015
my husband's first wife filler 498 a,DVC and other on him they get compromised and they agreed to give divorce amount also paid how much time it will take to give the bail amount after the cases are withdrawn by them please clarify for five members we pay bail amount
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 18 December 2015
If a defendant is found not guilty, the bond is discharged; if the defendant pleads guilty, the bond is discharged at the time of sentencing.
498a case is a criminal case and cannot be withdrawn by the parties on their own by an out of court settlement. If she had signed the surety bond by taking the deposited amount xyz then it amounts to bribery and that she has filed a case only to extract money from you. It amounts to extortion and signing on the surety bond itself is a proof for it. The case continues what ever may be the settlement between the two of you. It can only be quashed by the High Court when she agrees before the High Court of withdrawing the case. Anticipatory Bail amount cannot be returned as you sought court protection in anticipation of an arrest. Now that you are granted bail and assured of no arrest court will not return the money.
Adv. Yogen Kakade (+ 91 9225510883) 18 December 2015
Enquire with your existing lawyer.. as he knows the stage of this case very well.
prabhakar advocate (advocate) 19 December 2015
If Section 498-A case is quashed, file the quash order with an application before trial coourt and bail amoount will be released.
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