498 a quashing.
M Chaturvedi
(Querist) 25 October 2014
This query is : Resolved
Hello Experts:
Need your Valuable Suggestions & Advices on following:
Domestic Violence Case Withdrawn by Wife.
Divorce Granted by Family Court in 2012.
Wife agreed to Co-operate in whichever way possible in 498A. But Case still going on since Divorce in 2012. No Progress at all.
498A Case is lying in same situation as it was 2 years back. Only Judges & PP have Changed.
No Articles (Streedhan) Pending with us as the Wife & her Father had Already taken it with them without our knowledge.
Everything (Terms & Conditons of Divorce / Consent Terms) is Clearly mentioned in the Order of the Honorable Court of Divorce.
But, the Ex-Wife & her Parents keep on saying to Each PP (3 Public Prosecutors have Changed) that they have not received their Streedhan, whereas it is clearly written in Consent Terms that 'They have nothing to Receive (Streedhan or Money) from us.
We spoke to PP & showed all related documents (Consent Terms, Court Orders), But, the PP says that the Wife & her Family are not agreeing that they already posses their Streedhan.
Recently The Honorable Judge (Majistrate) suggested us to approach HC for Quashing after learning that the Matter is settled & Divorce is Granted..
Is it a Workable idea to approach HC for Quashing 498A ? How long it would approximately take for Quashing in HC ?
Thanks & Regards
ajay sethi
(Expert) 25 October 2014
yes approach HC for quashing . if as consent terms it is mentioned that that no streedhan is receivable then you can have good case for quashing
Devajyoti Barman
(Expert) 25 October 2014
File quashing in high court. It would be allowed. This often happens .
Advocate Bhartesh goyal
(Expert) 25 October 2014
File petition u/sec 482 Cr.p.c in High Court for quashinge the case registered u/sec 498A IPC.
Sarvesh Kumar Sharma Advocate
(Expert) 25 October 2014
T. Kalaiselvan, Advocate
(Expert) 27 October 2014
