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clarifications on Quash of 498a


05-Sep-2023 (In Family Law)
Wife filed a 498a(not chargesheted yet)on me and entire family,the case got compromised through court with MOU to withdraw the case and divorce granted in front of FC. A joint petition filed to close the 498 case but the judge gave an observation period to close the case and after the obs period the girl never shows up at the court. Now the judge ordered police to chargesheet the case. Want to go for quash now. questions: 1 what are chances of one sided quash petitions being successful 2 is it better to wait for chargeshet to be submitted before going for quash or go for quash now
Answers (1)

Answer #1
503 votes
Hi
You should go for the quash now and should not wait for the Charge sheet to be filed.
Once the charge sheet is filed, no court can quash the petition.
I think your lawyer and you neglected to close the pending 498A case while closing the Mutual consent divorce.

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