rohanblore2011gmailcom 28 April 2015

Quashing for 498a

Hi,

In the mediation report of family court, the wife has agreed to quash the 498a case and family court has issued divorce decree based on the same. Wife has agreed for joint memo in high court for quashing 498a as she wanted the divorce faster and hence agreed for co-operating for quashing 498a and DV. I will take steps for quashing of 498a based on the mediation report of family court. I have few questions related to this,

1) Can High court decide not to quash 498a based on DV case and FIR if the public prosecutor raises objection stating there is substantial evidence of harrasment 2) If 498a quashing is rejected by high court, can I proceed to any court to cancel the divorce granted

Reply Follow

1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 28 April 2015

Dear Querist

My opinion on your queries are as under:

1) Can High court decide not to quash 498a based on DV case and FIR if the public prosecutor raises objection stating there is substantial evidence of harrasment

Opinion: The High Court will asked to your wife that she is ready to quash the FIR and not willing to fight the case, if she say yes then the court will pass an order for quashing the FIR.

2) If 498a quashing is rejected by high court, can I proceed to any court to cancel the divorce granted

Opinion: No need to worry, the Court will not do that. if in any situation the FIR is not quashed then you have right to raise the objection on Divorce Decree because this decree is based on the terms and conditions of the mediation settlement. hence this decree will also be set aside.