Ex-Wife not giving statement after Compromise deed filing

805 votes

Yes, in compromise-based quashing, verification from Trial Court is mandatory. When you file quashing petition U/S 528 BNSS [old 482 CrPC] before High Court on basis of compromise deed, High Court does not quash directly. It sends the compromise deed to concerned Trial Court / Magistrate for verification. Process of Verification in Trial Court: 1. High Court will pass an order directing both parties to appear before Trial Court on a fixed date. 2. Both parties - you and your ex-wife/complainant - have to appear PERSONALLY before the Magistrate. Yes, presence and statement of your ex-wife is absolutely compulsory. 3. Trial Court will verify identity of parties from ID proof. 4. Magistrate will record separate statements of both parties on oath that they have compromised voluntarily, without coercion, and complainant has no objection if FIR/case is quashed. 5. After recording statements, Trial Court will send its Verification Report back to High Court stating that compromise is genuine and voluntary. Only after receiving positive verification report, High Court will allow quashing and quash the proceedings. If your ex-wife does not appear or refuses to give statement, verification will fail and quashing will be rejected. Advice: File joint compromise deed with affidavits and ensure her presence on the date fixed.

Advocate Shamma Perween LawRato