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Wife filed false 498A do I need to go to HC for quashing the FIR


23-Oct-2023 (In Criminal Law)
My wife had filed a false 498a against me 6 months ago in Gurgaon. This was done with influence from her father. I applied for anticipatory bail and challan, with very weak police report, was filed after two months of FIR. Sensing the case going in my favour, and possibility of my filing counter case(s), my wife requested for mediation. Initially she started with unreasonable conditions for withdrawal of case against me but my keeping firm on "no negotiations" led her to agreement on withdrawal of case without any conditions and return back home. Now actually I want to put conditions to safeguard myself from any such future incidents and also ensuring she does not use my child to blackmail me (by restricting me access by taking her away to her parents without my consent). Please suggest what needs to be included in the settlement document. Also, will the FIR gets withdrawn/dropped after the settlement is signed or do I need to go to high court for quashing after that?
Answers (1)

Answer #1
883 votes
Specify the conditions clearly in your agreement with respect to the custody of your child, alimony,etc. If your grounds are genuine, the court may quash the F.I.R It is the courts discretion to quash the F.I.R. you can also file it on mutual settlement

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