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Settlement requested in 498A case by the opposite lawyer
21-Mar-2023 (In Criminal Law)
My sister had registered 498A case against her mother-in-law & husband 2 years back and hearing of the case has commenced now. Sister is summoned for evidence. Now opposition lawyer is asking for a settlement. What would be our right terms and conditions to close the case and stay away from them. We are hindus.
Hi... if you people are ready for settlement you both party can arrive at a settlement and report the same before the court. If u have any monetary claim from opposite party you can decide it before going court.
Thank you
Thank you
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Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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What is the final report of 498A?
The police will issue a final report if they have concluded that there is no evidence of a crime. Framing Charges/Discharge: Once the chargesheet is examined by the accused/their lawyers, the court frames the charges. Telling the accused what crimes you have been charged with.
Can 498A be settled out of court?
The section 498A does not have a specific process for settlement. A husband and wife may settle their 498A case through a process known as mutual settlement, compromise through mediation or other means. 31-Jan-2023
How do you compromise a 498A case?
The police cannot revoke the 498a FIR that has already been filed by the parties. Therefore, it is sent to the High Court under section 482 CrPC. The HC transfers the case because of its busy schedule. IO verifies Compromise
How long does it take to withdraw 498A case?
It takes anywhere from 10 days up to 3 months to get a case dismissed after a FIR is quashed. The law is supreme. The law gives equal rights to everyone without discrimination. It is a right but not a law-bound or mandatory process, like an appeal or revision.
Dear client
Your sister had filled a case against your brother in law and aunt that already came to evidence stage it is right time to approach to compromise the case in veiw of your sister future settle with your lawyer
Your sister had filled a case against your brother in law and aunt that already came to evidence stage it is right time to approach to compromise the case in veiw of your sister future settle with your lawyer
Helpful?
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Adv. Nataraja KS
Shimoga | 200+ Answers
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if you are ready to go for settlement you can settle the matter by referring to mediation there you both will be called and counseling will be made then if you want to settle you can or you can continue with the case
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Adv. Sathisha K.R.
Bangalore | 25+ Answers
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Before settlement of 498a you should settle the pending case in family courts if any.by taking the divorce or settle through out of courts.( by deciding to stay with husband) so 1st remedy is you should settle the family court case first.
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Adv. Shivaprasad Gaonkar
Mysore | 25+ Answers
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Sir, you have mentioned that "stay away from them", it means that where there is no chance to reunite both husband and wife. At this stage, the wife have option to choose settlement by imposing reasonable terms and conditions like as permanent alimony or maintenance, mutual divorce, if issues are there, she can claim partition on behalf of childrens. You can contact me further details.
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Adv. Bhojappa Kallihala
Bangalore | 400+ Answers
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No procedure exists for settling 498A outside of court. For this, you must file a writ with the High Court. Section 482 Code of Criminal Procedure 1973 does not apply as that section gives no power to courts. However, under writ authority, High Courts can record compromises. Khula is settled with a one-time alimony.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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