Procedure and documents to quash 498A in absence of NRI husband

820 votes

Your questions are answered as follows:

1. Quashing of 498A at the High Court: The procedure for quashing a 498A case against an NRI husband at the High Court involves filing a petition for quashing under Section 482 of the Code of Criminal Procedure (CrPC). The High Court has discretionary powers to quash a case if it finds that the allegations are false, frivolous, or do not constitute an offence. It is possible to file for quashing even in the absence of an NRI husband with a non-bailable warrant (NBW) in the lower court, but the court will consider the circumstances and merits of the case.

2. Wife's consent and statement: The wife's consent and cooperation in quashing the 498A case can be relevant factors. Providing a statement at the High Court through a Memorandum of Understanding (MOU) and affidavit can be considered, but it ultimately depends on the court's discretion.

3. Mediation cell and settlement: It is generally advisable to explore mediation and attempt to resolve disputes through alternative dispute resolution methods before approaching the court. However, if both parties have already reached a settlement for separation and an amount was decided upon by the elders, it may be possible to proceed with the settlement without involving the mediation cell, subject to the court's approval.

4. Quashing without divorce or settlement agreement: Quashing a 498A case against an NRI husband is primarily based on the merits of the case, including the evidence and allegations involved. While a divorce or settlement agreement can have an impact, it is not the sole determining factor for quashing. The court will consider all relevant circumstances.

5. Required documents: Copy of the FIR registered with the police, copy of the charge sheet (if any), affidavit of the petitioner explaining the circumstances and reasons for seeking quashing of the FIR, copy of the MOU or settlement agreement between the parties, affidavit of the complainant/victim stating his/her no objection to quashing the FIR, are sufficient documents to support the quashing petition.

The power to quash non-compoundable offences (like 498A IPC) based on a compromise has been defined by the Supreme Court in several cases. In Narinder Singh vs. State of Punjab (2014) and Gian Singh vs. State of Punjab (2012), the Court outlined the scenarios and parameters for exercising such power. This power can be used in cases with a predominantly civil character, commercial transactions, matrimonial and family disputes, and when the parties have resolved the entire dispute among themselves.
In addition to the situations listed in Section 320 CrPC, the court must also consider certain factors when deciding whether to quash criminal proceedings based on a compromise. These factors include the antecedents and conduct of the accused, whether he was absconding, and how the settlement was reached. The court may exercise its power to quash criminal proceedings for non-compoundable offences that are of a private nature and do not affect society in a significant way if a settlement has been reached between the victim and the accused.
In the case of B.S. Joshi v. State of Haryana (2003), the Apex Court has held that in the exercise of its inherent powers under Section 482 CrPC, the High Court is bound by duty to encourage genuine settlement of matrimonial disputes.

Advocate Sudershani Ray LawRato

856 votes

Answers for ur query
1. Even though husband has NBw in lower court it does nt effect him to appear before high court n on his absence spa holder can run the case.
2. Affidavit n statement of wife is enough to quash charge sheet.
3. Mediation report is not necessary
4. Divorce document or settlement agreement is not necessary for quashing a complaint
5. Complaint fir charge sheet and affidavit is requisite documents to quash complaint

Advocate Ranjith LawRato

619 votes

The documents you mentioned herein above are enough to seek quashing of the charge sheet .. the case is set down for what you better consult an advocate and only after going through the documents meticulously one can say what can be done and

Advocate Abhijeet S.K LawRato

759 votes

you can very well seek for quashing before the High Court along with the affidavit and all the authentic documents. Both the parties needs to be present before the court for the quashing of the same.

Better to consent a High Court Advocate for better knowledge for the same.

Advocate Kushal Vijayakumar Bolmal LawRato

289 votes

The 498a case is a harassment claim, related to extra dowry, property or both. It includes physical and/or psychological harassment. The case is considered true if the wife of an NRI has proofs that show the NRI has harassed her for extra dowry.

Advocate Chikirsha Mohanty LawRato