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Procedure to quash FIR if mutual divorce case is already pending


26-Dec-2023 (In Divorce Law)
Hi : I already filed divorce under section 13(a) and notice gone to wife ,but after getting notice now she filed FIR 498a with old dates . does it legally right ? if yes then what is a procedure to quash the same ?
Answers (4)

Answer #1
841 votes
Dear Mister,
A wife can file an FIR anytime so it is completely legal . If you had an agreement with your wife regarding divorce by mutual consent, you can first approach the high Court and present the affidavit of the wife in order to quash the FIR and then you can proceed with divorce with mutual consent . Even if your wife doesn't cooperate or agree for divorce, you can approach the high Court for quashment .
Advocate Ashima Pandey

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Answer #2
736 votes
THERE IS NO PROCEDURE FOR LODGING ANTI DATED FIR AS ALL THE FIR'S ARE NOW REGISTERED ONLINE. EVEN THEN YOU MAY PREFER A PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 (NO. 2 OF 174) FOR THE QUASHMENT OF FIR
Advocate Vijay Raghav Singh

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Answer #3
744 votes
The divorce case you have filed is not mutual consent divorce. Mutual consent divorce is filed under s.-13B of Hindu Marriage Act,1955. If she filed FIR and there are serious irregularities in it then you may go to the High Court for quashing of the FIR under s.-482 of CrPC.
Answer #4
876 votes
as u have asked about quashing of fir yes it can be under sec 482 of crpc .you have to file a petition before highcourt .taking all the plea including that 498 is counter blast of 13 a .
court may quash after hearing both the party
adv amjad
Advocate Rashid Suhail Siddique

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