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Quashing of 498A, 323,506,504,sec 3&4 of dp act after settlement
26-Mar-2023 (In Divorce Law)
My 498a case running in Bangalore after chargesheet. Divorce case running in hometown outside of Karnataka.We have settled the matter with exchange of belongings and Permanent alimony at the place of divorce and everything mentioned in settlement deed and Evidence affidavit. Can I quash the entire proceedings of 498A based on settlement deed signed by both of us, Affidavits, compromise petition and divorce decree order and produce these in Karnataka HC under 482. Please guide.
You can apply for Quashing of the complaint and all other cases by filing the 482 petition. You will not only need all the settlement documents but also the reports of the courts. Is it recorded in the settlement that she is willing to withdraw all complaints? if not then you will need additional documentation to support your petition.
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What happens if my wife does not withdrawing 498A after settlement?
Note that the settlement has not been completed yet, as she still hasnt received her full settlement and no divorce was granted by mutual consent. If she still does not withdraw her 498A case, you can file a full quashing on this basis wherein the High Court will quash the case. 4.
What is the latest judgment on quashing of FIR?
In its ruling in Mohammad Wajid V. State of U.P., 2023 LiveLaw(SC) 624 the Apex Court stated that the criminal history of the accused could not be used as the sole factor to refuse to quash criminal proceedings. 12-Aug-2023
What happens after 498A is quashed?
The accused will not be charged with fir if he wins the quash petition. The High Court quashes all fir proceedings. The accused person will not be subjected to a rigorous process.
How do you quash an FIR settlement?
Quashing an FIR Based on Compromise. The High Court may quash a FIR in the event that the complainant and accused have reached a compromise. Both parties may file a joint application under Section 482 (CrPC) presenting the terms of settlement. 24-Jul-2023
Dear Sir,
If charge sheet is filed and charges are framed you have no option to get 498A case quashed. Your wife must come to the Trial Court and say that the matter is settled out of Court as such you may be acquitted. Otherwise she may remain absent and court may close the prosecution case and acquit you.
If charge sheet is filed and charges are framed you have no option to get 498A case quashed. Your wife must come to the Trial Court and say that the matter is settled out of Court as such you may be acquitted. Otherwise she may remain absent and court may close the prosecution case and acquit you.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
Chat
The court dismissed the FIR filed under Sections 498A (cruelty by husband to wife or relative), 406(criminal breach trust) and34 (common intent) of Indian Penal Code 1860. The husband requested the quashing the FIR based on the fact that the two parties had reached a settlement last October.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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