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How to quash case under 498A
03-Jun-2023 (In Criminal Law)
Myself and my wife have come to an agreement that she will file a mutual divorce with an agreement that she will withdraw the 498a case filed against me .Please note that my 498a trial has not been started yet. We are planning to file M.D by mid of June 2017. My question is that when I should appeal to court for disposing 498a case as she will provide a written agreement to withdraw all the complaint against me. Is it possible to flush 498a before the second motion of Mutual Divorce?
Before filing mutual divorce ask your wife to withdraw everything that is against you, if i was ur wife's lawyer, i would have suggested her to withdraw before the final hearing of mutual divorce to keep you under mental pressure.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Hello,
You have to mention the date in the MOU when want to proceed for mutual divorce and when u want to withdraw the case u/s 498A/406 which was lodged by your wife before the concerned police station. But mentioned it or not I don't know, whatever. There was no specific time to withdraw the case but also that you have to mention in the agreement and/or MOU. You can withdraw the case before or after filing of the mutual divorce.
Thank you.
You have to mention the date in the MOU when want to proceed for mutual divorce and when u want to withdraw the case u/s 498A/406 which was lodged by your wife before the concerned police station. But mentioned it or not I don't know, whatever. There was no specific time to withdraw the case but also that you have to mention in the agreement and/or MOU. You can withdraw the case before or after filing of the mutual divorce.
Thank you.
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Adv. Sougata Chatterjee
Kolkata | 100+ Answers
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You can withdraw that 498a case at the date of filling mutual divorce. By this both of you wil be safe and no one of you will be betrayed by anyone.
So for the safety measures you can do as I say. It will be helpful to you.
So for the safety measures you can do as I say. It will be helpful to you.
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Adv. Gourab Chakraborty
Kolkata | 25+ Answers
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MY OPINION THAT i have follow your submission, and i think that you have every scope to file Mutual divorce if both sides are really agree to proceed mutually to end up the issues of divorce matter presently .
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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Look Mutual Divorce and Case under 498 (A) both are separate proceeding and both are trial by different Court. Mutual Divorce is absolutely triable before the District Judge and 498(A) is triable before the Judicial Magistrate. There is no bar if you obtain decree of Mutual Divorce prior to dispose of 498(A) IPC. if the Criminal Case is lying pending after obtaining Decree of Divorce of Mutual Consent. Then Certified copy of said Decree is enough to drop the criminal proceeding. Time of Mutual Divorce is fixed as per Law. But other Criminal Case are not fixed, it will be depend upon the Court's Diary and started after Charge Sheet. Therefore, without delay when settlement has been made, file Mutual Divorce immediately. Your conducting Lawyer have enough knowledge how to dispose all criminal case regarding family dispute. So take faith upon him and follow his instruction.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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