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if 125 and DV are closed, can I go for mutual divorce
14-Jul-2026 (In Divorce Law)
UP 498A Settlement Case: FIR (498A/323/504/506 IPC + 3/4 Dowry Act) registered - oct2024; investigation pending, no charge sheet yet. Settlement completed, MoU signed with clause for HC quashing cooperation, 125 & DV will be closed, and wife has supported settlement before IO(not sure if part of case diary). Need advice on safest sequence: 13B second motion first vs. HC 482 quashing, and whether any additional affidavit/NOC or precautions are required for successful quashing.
for quashing of fir you have to see whether the offenses are compoundable or non compoundable you have to see the 13 b section motion dowry act kindly see the Hindu. marriage act kindly see the sections
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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yes you can go for a mutual divorce but i will advise you to take the help from an advocate who can guide you throughout the whole procedure and everything or evrypoints clear, if you need any kind of help you can contact me
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Adv. Mohit Singh Rajput
Lucknow | 25+ Answers
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Since the matter has been amicably settled and no charge sheet has been filed yet, filing a petition under Section 482 CrPC/Article 226 (as applicable) before the High Court for quashing on the basis of compromise is generally the safest course. Ensure that the settlement deed/MoU clearly records that all disputes have been resolved and that the complainant has no objection to quashing. It is also advisable to file an affidavit/NOC of the complainant supporting the compromise and ensure her appearance before the High Court, if directed. If mutual consent divorce is part of the settlement, parties may proceed with the second motion as per the agreed terms. Proper drafting and compliance with the settlement conditions are essential for successful quashing.
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Adv. Ajay Shukla
Lucknow | 50+ Answers
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Aapke dwara bataye gaye tathyon ke anusar, yadi settlement genuine hai aur dono paksh uska palan kar rahe hain, to High Court mein CrPC Section 482 (ya lagu pravadhan) ke tahat FIR quashing ki petition settlement deed/MoU, dono pakshon ke affidavits aur compromise ke support ke saath dakhil ki ja sakti hai. 498A aur Dowry Act ke mamlon mein High Court compromise ko dhyan mein rakhkar FIR quash kar sakta hai. Saamanya roop se quashing se pehle ya uske saath mutual consent divorce ki proceedings aur settlement terms ka palan hona adhik surakshit mana jata hai. Yeh bhi sunischit karein ki settlement ke anusaar sabhi connected cases (125 CrPC, DV adi) ka uchit nistaran ho. Antim strategy case ke documents aur settlement ki sharton ko dekhkar hi tay ki jani chahiye.
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Adv. Aprajita Shukla
Lucknow | 50+ Answers
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In such matters where FIR under Sec 498A/323/504/506 IPC + 3/4 Dowry Act is registered and settlement has already been signed via MoU, the safest and most accepted sequence is to first obtain decree of divorce by mutual consent under Sec 13B(2) of HMA. Once the second motion is completed and decree is passed, thereafter file petition under Sec 482 CrPC before Hon'ble High Court for quashing of FIR on the basis of settlement and divorce decree.
Courts generally prefer that matrimonial dispute is first concluded civilly before criminal proceedings are quashed. For successful quashing you should keep signed MoU, settlement deed, divorce decree, wife's affidavit/NOC stating no objection to quash, and IO statement if available. Also ensure withdrawal of Sec 125 and DV cases is done simultaneously as per MoU terms. Since charge sheet is not filed yet, chances of quashing are stronger.
_Note: This is general legal information. Please consult a local advocate for drafting and filing as per High Court practice._
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Adv. Shamma Perween
Gorakhpur | 5+ Answers
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