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Can 498A FIR be quashed by Delhi High Court before filing of MCD......


16-Sep-2023 (In Divorce Law)
Hi All, Please advise. 1) Can the complainant herself file a petition in the Delhi High Court for quashing the 498a FIR? Or the petition for quashing of 498a FIR is filed only by the husband's side. 2) Can 498a FIR be quashed by Hon'ble Delhi High Court before divorce by mutual consent? 3) The reason why I am asking the above two questions is that I want my wife to withdraw all her cases before filing mutual consent divorce and get the FIR of 498a quashing from the Delhi High Court.
Answers (5)

Answer #1
526 votes
yes you can file application under section 482 of CRPC aside the FIR registered under Section 498 of IPC the high court can the FIR if the court is convinced that innocent and falsely implicated file under section 482 of CRPC product we can give your answer bhai ko 10th class the FIR on the ground that the case is a false case tracing of FIR can also be done by writ petition under article 226 of Constitution of India
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Answer #2
860 votes
You both need to arrive at a settlement first and thereafter the terms and conditions needs to be reduced into writing by executing a mou or a settlement agreement. You need to file a quashing petition wherein you need to place the MOU on record and basis which FIR may be quashed.
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Answer #3
855 votes
the FIR can be quashed by either party after showing relevant information.
in this case obviously as both the parties have reached for the mutual consent divorce that there should be no problem if either of the party file for the question of the FIR
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Answer #4
692 votes
For quashing you can go via 482 CrPC ..! There is a better option then the option you r thinking … u can do first motion n let it b completed peacefully n rest u can go for second motion after 482 …plz b in touch asap
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Answer #5
569 votes
hello client as i can see your issues are serious. as your matter is concerned is right ur in right way but the procedure you are thinking is not right . you have to follow the provedure. in this matter you need an expert lawyerbfor urself to defend you otherwise you may be in trouble
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