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Quashing of 498a
29-Apr-2023 (In Criminal Law)
I filed a 498a case against my husband. Though he has taken ex-parte divorce, I am not willing to contest. I want to file quashing case in honourable high court. Am I eligible for filing it. I am tired because of the length of time and I don't need any maintenance from him.. 498a is at recording and cross questioning stage. I am now looking to settle down in life.. Please advise..
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Regis
Mohit
Corplexis chambers law firm
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Regis
Mohit
Corplexis chambers law firm
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Adv. Mohit Popli
Delhi | 100+ Answers
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Yes you can put forth this through your counsel in 498A to your husband's counsel. The court may refer the matter for mediation and there you can specify the grounds for settlement. Based on that settlement you can file a petition under section 482 of Cr.P.C before the High Court for quashing of FIR/ complaint in your 498A case and that brings the litigation to an end.
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Adv. S. Sethu Mahendran
Delhi | 100+ Answers
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Yes , You can file a petition under Section 482 of the Criminal Procedure Code before the High Court for quashing the proceedings under section 498A of the Indian Penal Code on the basis of the settlement arrived between you and your husband.
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Adv. Srishti Saxena
Delhi | 100+ Answers
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yes you can settle it by filing a quashing case. you just need to reach an agreement with your husband and put it before court. since it is a non compoundable offence so quashing is only option left with you.
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Adv. Vaibhav Prakash Shukla
Delhi | 25+ Answers
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Yes both the party can compromise the matter and based on that compromise can file quashing petition before the Hon'ble High Court. It should be filed supported by the affidavit of both. If both the parties are present in the court on the first date itself the FIR will be quashed.
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Adv. R Satish Kumar
Delhi | 25+ Answers
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