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Non coperation from wife after compromise 498a,504,506,323 DV
15-Oct-2024 (In Family Law)
My wife filed the cases 498a,504,506,323 DV against me and my family in 2009. Where I took the bail for myself and stay for parents. In 2016 we made the compromise in all cases, I submitted the copy of compromise in high court where they directed me to visit with parents and wife in lower court Aligarh in September 2022 order. I want to know the process how to close this case now. Do I need to take the bail for them first, if wife not co-operating than what should be the my course of action.
Sir, in order to make a comment, I would like to see the chargesheet first. It requires a thorough study of your case and after discussion we can reach a conclusion as to how to proceed with your case. You may consult me in that regard.
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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If the compromise has been done between the parties then the complaints shall be withdrawn from the court and FIR shall be quashed from the High Court. Once the cases are withdrawn and FIR is quashed there is no need to take the bail .
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Adv. Karishma
Delhi | 50+ Answers
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I have read your query regarding your case and there are lots of judgments regarding your case tell me in Delhi all cases are compromised delhi high court and district court also you can apply comprising deed and last order of the delhi and after you can go to the aligarh court whenever you free call me back
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Adv. Gourav Sharma
Delhi | 100+ Answers
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Since you mentioned compromise, i am presuming that there has been either a settlement agreement or a mediation settlement. If that is so, the terms should have been that she would withdraw all the cases against you and approach the Honble High court under 482 for quashing on compromise. By non- cooperation, do you mean that she is not cooperating in quashing of FIR? If that is so, if she is not coperating, move for quashing on merits or if the trial has begun, then seek discharge. You can also sue her for civil damages owing to the non adherence to the compromise terms.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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You can file a contempt petition against her in the same court. The court may initiate contempt proceedings for willful disobedience of the court order, leading to penalties or enforcement of the settlement. You may file an application in the court where the settlement was recorded to enforce the terms of the agreement. If the settlement agreement involved promises or assurances that the wife has failed to honor, you can consider filing a criminal complaint under Sections of IPC if there was an element of misrepresentation or fraudulent intent in the settlement process. You may also consider filing a civil suit for damages, seeking compensation for any losses or harm suffered due to the wife's breach.
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Adv. Vrinda Mishra
Delhi | 25+ Answers
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