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Can 498a be quashed while PO case is pending?


04-Aug-2023 (In Divorce Law)
Hi,nMe and my wife had a mutual agreement to stay separately In 2014. Since then she has no whereabouts where I stay.However,to extract money from my mom, she filed a 498a in 2015 & framed my mother into it, who managed to get her name removed from the FIR.I am a NRI and never visited India since 2015 to avoid any arrest or harassments by her. As she has no whereabouts of me, she could not put any pressure on me to squeeze out some money. Due to my unavailability during investigation, court passed a PO order against me in 2020.In 2022, we have agreed on a compromise and wife is ready to take back all cases.Question:nHow to proceed? Is there a way that I can get the PO case quashed without visiting India? nCan 498a be quashed without doing anything about PO.I don’t wish to confront my wife until either PO or 498a is quashed as i am worried she may go back on the compromise and not honor it, as soon as she get details about me. She alwys had revengeful attitude. Pl suggest
Answers (4)

Answer #1
577 votes
hye
first of all you did not visited india from last 7-8 years so you have an edge to gets bail on PO case and another thing if you think you are worried to get arrest you may take protection to get apply an ANTICIPATORY BAIL but there same some chances to get the same bail because of that this is bailable offence firstly you have to face the PO proceeding after that you go to high court for quashing the 498aanother things we consult whole case over the call if you want thankx
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Answer #2
624 votes
Hello,
Looking at the facts stated by you the High Court ( because here only the quashing will lie) may or may not allow quashing of 498a while being PO.
Either you can get PO order quashed from the court that declared you PO and thereafter move HC.
Please call for further clarification on the same
Thanks
Adv Dr Preeti Manderna
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Answer #3
616 votes
You must appear before the court and file a bail.. After that you can work on other matters like 498a and other for more information u can search me on Google by typing AK Rohilla advocate Rohtak haryana
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Answer #4
858 votes
hello
as per your matter
you can easily quash your case of 498a when your wife is ready and for po matter you have to challenge the po case in sessions court as that time you are not in India and no proper summoning is done against you.
For further help and legal guidance you can contact with me adv Jitender Singh
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