Upgrad LLM

settlement by io at pol. sta. after fir & before arrest:hary


Hello,



I had already filed my divorce petition on ground of Cruelty & irretrival of marriage in court and staying separate. I also have a almost 1 year old. As a matter of fact, I have not taken any dowry - money/jewelry/any other material thing, or ever asked for it.



After 5 months of divorce petition, wife filled FIR under 498a, 406, 504 & Domestic Violence against me and my relatives in Haryana. They also claim dowry and expenditure of huge cash and huge amount of gold. She has contact with high police officers.



Now, Investigating office is asking in how much money I can pay to girl to settle the things right there thru his mediation else he will arrest me. Since, I have decided to go for this; I am not in hurry to settle things.



Now, I have few doubts regarding this settlement by Investigating Officer at police station:

1. Does this mediation have any legal standing?

2. What are the tricks the Police will use to settle the things in favor of girl? I also came to know that the IO has some cut in the settlement amount.

3. What are the pros & cons of going for this settlement?

4. What will happen to my Divorce Petition & 498A FIR running in different courts?

5. What are the precautions should I take in going for this meeting?

6. Since, I have a baby, then she can ask for monthly maintenance, and if I resist can the court fix percentage of my salary for her? She knows my company.

7. Since, I want to forget her as soon as possible, so What are the pros and cons in long run for settlement of divorce and 498A FIR?

8. I have few months left or 1-yr separation, so, even for 1st degree of divorce based on mutual have time, and then should I go for this Police mediated settlement?



In totality, pls, guide me in this regard.



Thanks in advance.

Regards-

 
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practicing advocate

She may take u turn if it is settled in the police station.  File a joint consent divorce petition and make a compromise and file the same in the court and get it referred to lok adalat and  let the decree passed, so she cannot take u turn, becuase once it is decreed she cannot deny

 
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once FIR issued, the case can be settled with in the court. There is no power to the IO for settling the cae at Police Station

 
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Legal Evangelist - TRIPAKSHA

The IO may file final report in this matter.

 

However, as is rightly advised, file for quash based on compromise, if compromise is affected.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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