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Maintenance to wife and quah of flase 498A fir


13-May-2024 (In Divorce Law)
I have got final decree of mutual divorce in which my wife mentioned that she is withdrawal her 498a case. Now can I get the 498a quashed with certified copy of mutual divorce. By saying that we have settled the issue outside the court . Or by my wife's statement in lower court that she wants to withdrawal her 498 case
Answers (5)

Answer #1
566 votes
yes , you can file in the high court for quashing the FIR, the court after taking the consideration of your divorce settlement , will quash your FIR without any further delay 'process is very simple to file
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Advocate Mukesh Kumar Sah

Adv. Mukesh Kumar Sah

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Answer #2
983 votes
If you have already settled your disputes then you can always file for a quashing petition in the High Court with the certified and also the true typed copies of the settlement deed. You also need to make an annexure of the true translation of the FIR that was registered against you.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #3
831 votes
your wifes statement cannot be given in lower court to quash the fir of 498a. it is exclusive jurisdiction of the high court to quash the fir and you have to apply for quashing in the high court itself
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Advocate Anurag Jangra

Adv. Anurag Jangra

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Answer #4
723 votes
After obtaining divorce decree u can file quashing before hon'ble high court in which ur five give noc that she have no objection to quash the fir. after her statement high court will quash the FIR. In filing u will attach the divorce decree along with ur petition
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Advocate Mamta Sarna

Adv. Mamta Sarna

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Answer #5
887 votes
Sir, if an FIR has been registered against you u/s 498A of IPC then it cannot be withdrawn like other cases. In case of a settlement, both parties have to approach the High court for quashing of the FIR on the ground of settlement. For further inquiries please contact the undersigned.
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Advocate Himanshi Jain

Adv. Himanshi Jain

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