Quashing of 498a- need help

Chief Metropolitan (now redesignated as Judicial) Magistrate has no authority / power to quash FIR on the basis of a degree of mutual consent divorce.

The accused (husband and others) supported by you shall have to move to the High Court through your lawyer(s) for quashing the FIR.

If the FIR is lodged and the charge sheet still not filed then you can appear before police station concerned with the Divorce agreement and withdraw the charges. But if the case is lready filed in court then appear before same court and record your statement of withdrawal.

IPC 498a being non-compoundable offence, you need to approach the High Court to quash the FIR based on your divorce Agreement.

Regards

Alpa Jogi (Advocate)

Divorce Lawyer in Ahmedabad

You file a petition before high court to quash the charge sheet filed in 498a criminal case, the respondent has tro appear in person and file an affidavit expressing no objection owing to mutual consent divorce, after that you can pursue the mutual consent divorce case.

Quashing is possible only in High Court. Better to go for section 313 of Cr.Pc or 351 of BNS and get acquittal for the accused persons.