Quashing of fir us 498a based on consent terms


My divorce came through based on mutual consent.

The consent terms were signed on 09/11/2012 and inter-alia included:

1. Respondent shall not claim any maintenance for herself now and in future.

2. No pending exchange of articles

3. Respondent shall not proceed with 498A case

4. No pending dues or claims whatsoever

The family court order of divorce came through on 15/07/2013 because the respondent kept on delaying the withdrawal of 498 A case. The order again mentioned the withdrawal of case under 498 A as a term for awarding divorce.

The respondent did not appear in 498 A case for 2 hearings and thus delayed the future course of action from my side. And then on one date gave her statement in the court,i.e. proceeded with the 498 A. My lawyer advised me to go ahead and apply for quashing of FIR in the said case based on the terms of divorce that has not been contested by the respondent.

Questions:

1. Are the consent terms a good enough ground for quashing of FIR, especially if they have not been contested or appealed against?

2. Suggest some excellent lawyers in Mumbai HC for the same

Thanks for the help in advance.

 
Reply   
 
LAWYER

Your case is perfectly fit for quashing the 498A case in Mumbai High Court as she has went back on her words but divorce came through....the 498A will be quashed

pl send me email

anamika_vichare@rediffmail.com

[there is underscore between anamika n vichare

Anamika Vichare

Advocate High Court

Family Court

Purush Hakka Saurakashan Samittee

9920764088

 
Reply   
 


maintenance divorce remarriage = yourscrew@gmail.com

Please do not forget that there are opposite side advocates.

 

Even if family court has included in the terms of divorce still if the other side prefers to continue it it can not be quashed even by High court.

 

Same is the case with one time payment of maintenance. It is not legal and it can be claimed at any future date it she is not able to maintain herself.

 
Reply   
 
Legal Evangelist - TRIPAKSHA

The terms of compromise stated.. "Responent shall not proceed with 498a"

 

Strange, there is no mention of what would happen to 498a in such scenerio. Because except Andhra Pradesh in no other state the complainant can withdraw the case. You should have clearly mentioned that the case should be quashed. 

 

Anyways, now that divorce has come through and the pre-condition of divorce was that she should not proceed with 498a, you should file for quashing of 498a.

 

Also, to put pressure, you can appeal to HC to give a stay on Divorce and file a suit for recovery, if any money exchanged hands.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x