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(Guest)

Settlement during 498a quash

Dear Sir/Madam,

Ex wife is planning to offer quash through settlement in high court, but i am not decided on that. I know i can win the case on merits. I have not contacted any lawyer yet, as she may take U turn any time. Kindly let me know your thoughts on below questions:

1. If she was given settlement and 498a case is quashed, can she reopen the case later time? OR can she file new case on 498a?

2. During settlement, if she wants to write something like husband agreed to live with me...should we allow that? is there any binding by law on such statements written in settlement?

Thanks everyone for your valuable inputs and guiding people like me in right direction.



 5 Replies

jaig   27 June 2016

I am not laywer, but would like to say few things here.

You said: "I have not contacted any lawyer yet, as she may take U turn any time". Did you mean not contacted her lawyer ? You  should have your own laywer for litigating 498A, unless you are too knowledgeable in IPC.

I personally would advise to contest it and not go for compromise, but for speedy trial and finish it off. Then everything will be in your favor. You can file counter cases, you can get divorce easily as false 498A is cruelty, you can dictate the terms of quash as well of MCD.

The fact that your wife insisting for quash is clear sign that she does not want to let it reach judgement. This is exactly what happens in 498A, the purpose is to bend the husband by the harrassment which happens in initial stage of 498A. Once you are past that stage, why would you even listen to her terms ?

 

Even if you agree to quash and dont want to continue, it's better to first gauge her level of desparateness and accordingly lay your terms of MCD. Of course if and when you agree there will be clearly specified terms that she will withdraw all cases, and will not file any in future. You should ask to remove the clause "husband agreed to live with me"

 

Do you know that 498A is non-compoundable ? If you are okay living with it and no more fear of conviction in future, wife cannot withdraw from it without your consent, she is also stuck for good and has to helplessly wait for the inevitable defeat.

 

Best thing is, get advice from some lawyer. Terms agreed in mediation completely depends on what both party consent together. Its all about what thigs you both agree. It sounds you are just considering her terms you have not specified your terms. The terms that she wont file any case again, or will withdraw all cases, should come from you as part of the mutual agreement. This is why you should take help of a lawyer.

 

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 June 2016

 the High Court has inherent powers to intervene in a matter and allow the parties to mutually settle the matter. This requires an application before the High Court stating that the parties want to withdraw the Section 498A case, and wish to settle the matter amicably. The step by step procedure is as follows, though there is no hard and fast rule regarding the same: File an application before the High Court stating that you wish to withdraw the 498A complaint for reasons stated thereof Please mention that this is an application for the High Court to exercise its powers under Section 482 of CrPC Attach written affidavits from all members of your family stating that they have no objection to this withdrawal It is better to mention the intention of all parties to resolve the issue amicably, in case they are unable to attend the court proceedings physically Regarding RTI, the same can be filed before the relevant PIO, who in this case would be the police officer where the FIR was lodged. However, to obtain the court papers and other documents, and to know which high court is listed to hear your matter, these information are given to the parties as a matter of routine itself, it should not require a separate RTI. In case you file this Section 482 application before the High Court through a lawyer, he will charge his fees, so some amount of money might have to be spent on this.
1 Like

Khush   27 June 2016

well often in mutal settlements to quash 498a, the story ends by paying alimony to wife. so, its upto u how much u can pay.

if all settles by paying, then before paying prepare a deed of compromise, and in that compromise clearly state that after u both will file mutual divorce case, and will not file any case either civil or criminal against each other. also mention that u r paying her full and final alimony and she will not claim anything in future from you.

just mention that due to tempramental difference u both are parting ways. 

do not write any allegation or counter allegation.

best of lucck

then go to hight court for quashing the fir 498a based on that deed of compromise. 

good luck

P. Venu (Advocate)     27 June 2016

What are the proposed terms of the settlement? If the couple propose to reconcile and contine live peacefully as husband and wife, then a settlement of the disputes and getting the criminal proceedings quashed would be advantageous. However, if you propose to separate and divorce finalised, it would be a better option tio to face the issues on merits and get a honurable acquitall or discharge. 

Nitish Banka (lawyer)     25 July 2016

she cannot lodge a complaint on previous cause of action.

Warm Regards

Advocate Nitish Banka

9891549997


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