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How to quash 498A and DV case to go for mutual consent divorce
13-Mar-2023 (In Divorce Law)
Brother's wife had filed 498A, DV and related cases against brother and family including me. We compromised on the grounds that she will withdraw the cases and MCD. Petition for divorce is filed and she is given half amount by cheque. Now when we ask the lawyer to initiate the withdrawal of cases he says to go to police first and enquire whether he has closed report or going to file chargesheet. The police says he is ready to file chargesheet so we should bring an affidavit from lawyer.We don't know who is right. We even don't know if there is any FIR or only complaint. We were given only CR number by the police. How can the police go for chargesheet without prior FIR. Police had investigated us and recorded our statements but only on piece of paper. Also it is mentioned in divorce petition that cases are to be withdrawn within the 6 months time. What if divorce is granted and cases are not withdrawn.
For quashing the FIR you can approach the High court, as only high court is having the power for quashing the FIR, but for that both party should be ready and both have to appear before the court through their lawyer and after filing the petition FIR will be quashed, for DV You need file consenting where the matter is under proceeding again both party should be ready for settlement or compounding the matter.
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Adv. Vijendra Rai
Mumbai | 100+ Answers
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Case under section 498 A needs to be quashed by filing a petition in the high court. The other cases can be withdrawn. Moreover if it is agreed to withdraw cases in six months and the same is not done it will amount to contempt. Please call me for further details.
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Adv. Prathamesh Gokhale
Mumbai | 25+ Answers
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