Ashish 10 September 2018

482 petition to quash 498a based on compromise in jaipur hc

Hello experts,

Background: Me and my parents have 498a/406 on us by my ex-wife. Now they have agreed on compromise by paying a one time amount for which we looking to put a 482 quash petition in Jaipur HC based on mutual compromise.

Now my lawyer had already put in a 482 petition to quash my 498a only (not my parents) on the basis of the merit and lacunae of the case, which is under process.

Query 1: Now if we put in a quash petition in HC for mutual compromise then would we need to withdraw the current 482 quash petition (for me only) and submit a new 482 quash petition based on mutual compromise for all accused ?

Or the the current 482 quash petition can converted to quash on the basis of compromise and the other accused my family members can be added as well (the current quash petition is only for me). ?

Query 2: If we withdraw the current 482 quash petition (merit based) and submit a new 482 quash petition (compromise based), then in case the comprimise fails, will we be able to submit another 482 quash petition (merit based) again in the future ?

Query 3: Also would we need a compromise agreement for submitting the 482 quash petition in HC or the court would be willing to consider a verbal agreement and it's terms mentioned in the petition with the other party ready to appear personally in the court ?

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2 Replies

Vijay Raj Mahajan (Advocate) 10 September 2018

Just file another quashing application u/s 482 CrPC on behalf of both your parents who are co-accused in the FIR and both these applications will be clubbed and heard together by the High Court.

Ashish 11 September 2018

@Vijay Raj Mahajan - Thank you sir.

On Query 3 above: Would the court registrar accept the 482 quash petition without a compromise agreement ? The other party is not willing to sign the compromise agreement in advance, but okay to appear in front of the judge and say so. So is it okay for us to file the 482 quash petition saying that the verbal agreement has been reached between the parties and listing the conditions of the compromise in the petition itself ?