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Learner (xxx)     23 February 2012

Quashing fir at hc for 406/498a

Hello,

One of my friends, Sumit, has taken divorce recently under sec 13 B (2) in Dec last year by way of mutual consent. As per the agreement between both the parties, Sumit had to pay 9 Lacs in three installments i.e. 3 Lacs at the time of 1st motion, 3 Lacs at the time of 2nd motion and remaining 3 lacs at the time of quashing of FIR u/s 406/498A in the High Court. Sumit has already paid two installments .i.e. 6 Lacs in total during 1st motion and the 2nd motion. He is ready with the Draft of another 3 Lacs but his wife has refused to sign the petiton (Affidavit, etc.) for quashing FIR. She is not cooperating although as per mutual settlement she is required to cooperate to quash FIR. So, Sumit has decided to move the petition to the High Court and get his wife summoned. Registry at the High Court has asked for 2-3 page Synopsis of the events till date between Sumit and his wife. Is this the requirement of High Court? If yes, what all details Synopsis should carry? Also, what else Sumit can do so that things happen as per the mutual settlement and his wife starts cooperating?

Thanks,

Learner  



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 February 2012

Dear Querist,

A brief synopsis - history of events as they culminated is required to be filed as per the Delhi High Court Rules. 

Secondly : if your wife refuses to cooperate in the quashing of FIR - she can be booked in for :-

1) Civil Contempt - i.e Disobidience to an order of the court - whereby court stamped its seal of approval on your mutual consent divorce.

2) Since its a consent decree - it is in effect an agreement, if she does not agree - she can be asked by civil court to specifically perform her part of the agreement i.e participate in quashing of the FIR.

Please consult your lawyer - the Consent Decree is of profound importance.

Sanjeev (Lawyer)     23 February 2012

Yes the approach is right to get her summoned in HC - as this is a established principle that after a settlement has been arrived at and one party complies with all the terms and after taking the benefits of the settlement other party cant back out. Since she has already accepted 6L and got divorce she cant back out from withdrawing 498A.

Synopsis would be required to have a brief history of the events and to have a reason behind filing this petition.

rajiv_lodha (zz)     23 February 2012

It has become very common.

For the help of all here can the members tell-- How to make MCD draft more fool-proof that opposite party can not indulge in tactics later on.......................sugessions!


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