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Anonymous Guy (Manager)     03 June 2014

Quashing of fir us 498a based on consent terms

I have also posted this query under Criminal Law due to applicability of section 498 A. But as this matter relates directly with Family matters, am re-posting here.

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.



 4 Replies

ANAMIKA VICHARE (LAWYER)     05 June 2014

This has been answered earlier Consent Terms is a good ground for quashing FIR....before The Complainant leads her evidece, you proceed with writ petition and seek first ad int stay and then quash the FIR...In my opinion, evidence recorded cannot be quashed as it is on oath........

Experts clarify

Adv k . mahesh (advocate)     06 June 2014

first make to quash the fir and file immediately before evidence trail starts 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2014

Rightly said by Anamika and Mahesh.

 

 

Regards,

 
Shonee Kapoor

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

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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