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Compromise in sessions Court case
08-Feb-2026 (In Divorce Law)
Wife filed 498a, 313 and the case is pending before sessions Court. Now both parties reached settlement such that cases be withdrawn. Can this case be withdrawn in sessions Court based on compromise. Will judge accept that settlement deed. If so what would be the procedure
Since the case has been filed on serious allegations that are treated as non-compoundable under law, the Sessions Court cannot directly close or withdraw the case only on the basis of compromise.
The proper legal process is that both parties should approach the High Court and request that the case and the FIR be quashed on the basis of the genuine settlement.
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Adv. Nikhil Karwal
Delhi | 25+ Answers
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You have to file Quashing petition before High Court after making a settlement deed between both of you. then the court will pass order and Quash the fir against you.
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Amit Antil
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Adv. Amit Antil
Delhi | 5+ Answers
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No, you have to go for quashing of these cases in high court on the basis of settlement where both the parties have to tell the hon'ble court about the settlement . For 313 you must have strong points for its quashing as this particular offence is non compoundable and you have to be very careful while filing the quashing..
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Adv. Sukhmandeep Singh Dhawan
Delhi | 5+ Answers
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Hi there, you'll have to first keep the other party in confidence and then both of you can mention in front of the judge that you want to try to settle the dispute through counselling/mediation.
However, it's important to note that s.498a will, even after the settlement, be quashed by the High Court only.
If you have any questions feel free to contact me.
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Adv. Ishan Parashar
Delhi | 200+ Answers
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No these cases cannot be withdrawn from Sessions court.
You need to move for quashing of the FIR before High Court since these offences are not compoundable i.e. cannot be withdrawn from the lower courts on the basis of settlement only.
For High Court the accused side will be the petitioner side and the complainant (your wife) will give her no objection in the form of affidavit.
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Adv. Pallav Gupta
Delhi | 25+ Answers
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