quashing of FIR 498A, etc after settlement , chargesheet not filed

187 votes

In a situation where an FIR has been filed under Section 498A of the Indian Penal Code (IPC) against multiple family members, and a divorce decree has been granted by a family court under the Hindu Marriage Act based on mutual consent, the procedure for FIR under Section 498A to be quashed after settlement following such divorce is as follows:

1. Quashing of FIR: Quashing an FIR is the process of seeking the dismissal of the FIR by the court. It requires approaching the High Court with a quashing petition, typically filed under Section 482 of the Code of Criminal Procedure (CrPC). The purpose is to seek the court's intervention to terminate the criminal proceedings if it is deemed necessary and justified.

2. Representation in High Court: In the case of seeking quashing of the FIR in the High Court, generally, all parties named in the FIR are required to be represented and appear before the court. However, it is advisable to consult with a lawyer experienced in criminal law to understand the specific requirements and procedures followed in the jurisdiction where the case is being heard.

3. Separate Places of Residence: If the family members named in the FIR are living in separate places, it is essential to inform the court about this situation. The court may consider the logistical challenges and make appropriate arrangements for the proceedings, such as allowing appearances through video conferencing or appointing local advocates to represent the distant parties.

4. Settlement and Consent: If the parties have reached a settlement or compromise after the divorce decree, it is important to document and present this before the court. The settlement may include the withdrawal of allegations, an amicable resolution, and an agreement to end the litigation.

LawRato LawRato

681 votes

Hello client
Quashingke process ke Lea har us aadmi ka Naam petition me ayega jis his ka Naam FIR me likha hai high court me ji petition file hogs Usme sabka Naam Shamil hona jaruri hai tabhi sabke Naam ki FIR quash hogi . Aur quashing ke Baad hi AAP log free Ho paenge San cases se.

Advocate Vishwanath Pratap Singh LawRato

882 votes

Yes they have to appear and all where the court will see that the how all are people the whole family has to be Der and all where the court will see that the on whom is the quashing is been done and all the court would also see that what are the proceeding and all is been done and all

Advocate Yash Karan Jain LawRato

754 votes

If the charge sheet not filed still so in The high court petition will filed under section 226 articles constitution of india and read with section 482 Cr.P.C for quashing the Fir before the High Court.
2. It is compulsuary that all accused person whose name in Fir will be appear before the High Court at the time quashing the Fir, and complainant will also appear before the High Court at the time of quashing the Fir.
3. It doesnt matter that husband is living separate and their family members living different place all will be appear before the High Court at the time of quashing the Fir.
4. When the party goes to quash the Fir before the High Court it is mutually agreed between all parties and complainant will give no objection to the justice after that Fir will be quashed.

Advocate Saddam Hussain LawRato

974 votes

Dear Client, you should file Divorce Decree with Affidavit before High Court.
Not necessary to be present all accused u/s 498 a, for quashing u /s 482, however, if court would need to be present. the court will have to be informed about their locations and jobs.
, which may exempt also on considering senior citizen.

Advocate Sanjay Kr. Jha LawRato