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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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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.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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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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