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False FIR (498A,523 etc) to be Quashed
28-Dec-2023 (In Divorce Law)
Hi,nmy ex-wife filed a false Dowry demand/DV case via an FIR in Mumbai during our dispute. After sometime we did out of court settlement and filed a mutual consent divorce application ,in which she explicitly agreed that she will withdrawn the FIR filed against me and my family unconditionally (This point is also mentioned in divorce decree) But recently i got to know that the case is still on and the dates are extending since last 3 years.What could be the best way to close this FIR in legal prospective.
You will have to file FIR quashing petition before high court under section 482 of criminal procedure code. She will also have to appear before high court and file settlement agreement and then high court will direct to quash the FIR
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Adv. Mohd Atik Iqbal
Akola | 500+ Answers
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hey.....you can go for quashing before the Bombay HC by filing a quashing petition.
you can pray that since the matter is amicably settled and out of court of settlement has been done, therefore there is no purpose in keeping the FIR live.
you can pray that since the matter is amicably settled and out of court of settlement has been done, therefore there is no purpose in keeping the FIR live.
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Adv. Mikdad Zummerwala
Mumbai | 200+ Answers
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The consent terms filed in the mutual divorce should have contained a clause to say that she would give consent for quashing the FIR in High Court. Only after you obtained the order for quashing should you have filed your final affidavit and got the mutual divorce pronounced. Now you should file a miscellaneous application in family court to point out that quashing was not done as compliance. If you do not get that done then the criminal case will never get quashed.
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Adv. Pipli Datta
Mumbai | 100+ Answers
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