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praveen (Electrical Engineer)     06 November 2017

Shall i sign on divorce papers


1. Wife filed 498A case on seven members of the family, charge sheet has been filed on 5 members i.e. Accused A1, A2, A3, A6, A7.

2. A4,A5 accused live in abroad, according to police they filed charge sheet on A1,A2,A3,A6,A7. Remaining A4, A5 names mentioned on FIR. ( But No charge sheet on these two accused)

3. High Court Quashed Chargesheet, on A1, A2, A3, A6, A7.

Note: I have recieved order copy from the Hon'ble High Court.

Now, My District Court Lawyer and opposite lawyer are asking me to sign on Divorce Papers.


1. Is it fine!! if, I sign on Divorce Papers when A4, A5 names are still mentioned on the FIR

2. HIgh Court lawyer and opposite lawyer is telling there is no case filed on A4, A5. Already Charge Sheet has been quashed, so FIR is not valid it is null. after quashing charge sheet on A1, A2, A3, A6, A7.

3. Even after quashing the charge sheet, I have a doubt on FIR because two accused names A4, A5 has mentioned in the FIR.

4. FIR still active mode or Deactivated mode?

5. I want to know, can police have an autority to investigate the case on accused A4,A5 and later they prepare the Charge Sheet separately.






 4 Replies

praveen (Electrical Engineer)     06 November 2017

Senior Members and Experts,

Please respond to my Query!!

Dr J C Vashista (Advocate)     07 November 2017

It is not the "Charge-sheet" quashed by High Court but it is the "FIR" which has been quashed, please re-check and correct yourself.

In case of any doubt consult a local lawyer.


Dr J C Vashista (Advocate)     07 November 2017

Signing divorce papers or not to sign them is your personal decision, no one can compel you to agree to the proposal of divorce and sign the papers.

Read the papers carefully before signing, you will be responsible for your acceptance after signing the documents qua divorce.

Consult another local lawyer if you are still in some doubt.

praveen (Electrical Engineer)     07 November 2017

Vashista Sir,

Thank you for your reply.


My Question is- In FIR, total 7 members of accused names are mentioned before fling Charge sheet.

Police has filed Charge Sheet on accused on 1, 2, 3, 6, 7, but the same has said before the court ''Accused 4, 5, live in abroad, because of that if they come to India then after investigating the case further and submitting the separate charge sheet on these two accused 4 and 5.

Now, the main Charge sheet which is filed on 1,2,3,6,7 has been quashed in the Ho'ble High Court.

Charge sheet quashed mean what does it mean, Is it FIR also dismissed...

My Advocate was telling me no need of quashing Accused 4, 5 names from FIR because main Charge sheet has been quashed.


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