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gaurav sharma (CS)     01 April 2012

498a how best to settle at investigation stage

dear learned members,

situation is that 498A is under investigation process, it is in indore, i am from bhopal, i entered into a settlement according to which HC would give stay, then i will pay & get divorce, then HC will quash, the process became complicated as on presentation of settlement HC instead of giving stay based on compromise, sent the whole issue to I.O. to sort out,

now the wife is asking for a different route, she says she will give in writing to I.O. that she does not wish to continue with the case, then i should go for I motion, then in between the FR would be accepted, then i should go for II motion & divorce.

i am asking that as compromise deed has been presented to HC & a mediator has already been given money for safe keeping, first they should get FR from lower court, then they get payment & divorce.i am fearful that even if she gives in writing that she does not wish to continue with the case, even then as 498A is non compoundable, it will continue & i will be just standing after payment & divorce. learned experience members may please enlighten what is safe route for me

regards

gaurav



Learning

 4 Replies

gaurav sharma (CS)     01 April 2012

moreover once i go for I motion, i cannot stop II motion from happening as there is no such clause which gives me liberty, moreover there is a penalty clause which makes me impossible from detesting from II motion

regards

gaurav

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 April 2012

Go for first motion w/o paying anything.

 

All money to be paid after second motion.

 

FR would surely come and so would divorce also happen.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

gaurav sharma (CS)     02 April 2012

sir,

the foolish thing i did was that, i did agreement according to which half i pay at first motion stage, half i pay aat second motion stage, she is verry eager for divorce and money, problem is how to put FR at investigation stage itself, i have also put my question at another place in forum, kindly bear as i missed some points in this question, shone sir, what does your experience says, if she gives in writing to police that she wants to withdraw, then i go through i and ii motion, and get divorce.....still can police go ahead and chargesheet me?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 April 2012

Then be on the head of Police Officer to give FR.

 

She would not withdraw the complaint, other witnesses won't support her story and then police can file FR.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

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