My wife filed 498 and my parents applied for quashing

952 votes

Since a quashing petition is already pending before the High Court and a stay has been granted, any settlement must be brought on record in the same proceedings. Filing a separate or independent petition at this stage is procedurally improper and may create complications. In case of compromise, the correct legal course is to file a joint compromise memo/affidavit before the High Court in the pending quash petition. The Court will then verify the genuineness of the settlement and pass appropriate orders. As regards personal appearance, all accused are not invariably required to be physically present. Ordinarily, the presence of the principal parties (husband and wife/complainant) is sufficient for verification. However, the High Court retains discretion and may direct appearance of other parties if deemed necessary. You should not proceed with filing any petition only for yourself, as the matter involves multiple accused and is already seized by the High Court. The proper and legally sound approach is to conclude the matter collectively through the existing quash proceedings. Proceed strictly through counsel and ensure that the compromise is formally recorded before the High Court to secure a final and binding closure.

Advocate Pavani Kumari LawRato

947 votes

high court never ask for clients to present in court...when you already filed for quash what happen to the result did the case got quashed....on (husband)it's not that easy to quash you have to face trail in the lower court...in very rare cases the high court quasesh ...

Advocate Katla Vijaykumar LawRato

973 votes

Personal appearance depends on the High Court’s directions; usually counsel can appear, but parties may be required for compromise. For quashing on settlement, all accused should join. File a joint compromise petition.

Advocate Thudi Nelsonroy LawRato