After 498a quash - objections

Querist : Anonymous (Querist) 05 September 2011 This query is : Resolved
My 498A was quashed after mediation settlement recently. HC disposed the case with the conditions which were agreed upon one of which was applying for MC divorce on a particular date.

I complied with all the conditions but when MC divorce was to be applied my FIL and wife did not coperate and is still not filed and due to which the date which was mentioned in HC order has passed by which we should have applied for MC divorce.

Now they are saying that they will put some objection in HC stating that I did not file MC divorce and asking for money to file it and thus due to my default the Quash order should be revoked but this they did purposely inspite of me calling them daily and getting all papers ready.

My Questions:
1) The writ for quashing the FIR is disposed off already - stating Quash allowed- Can this be now be again opened

2) I am open to give divorce- whats the way forward what type of appeal they would file and will a summon be sent to me or mu counsel at HC as that order is already passed for Quash and in case they want to get it repealed I should be given a chance to defend.

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Kiran Kumar (Expert) 05 September 2011
Can you please mention the exact orders passed by the HC?

We need to see whether any particular direction was also issued to both the parties or not!

otherwise for the time being keep some evidence ready like telephone calls made to the other party for effecting MC petition, and simultaneously keep your MC petition ready....In case the other party approached HC for recalling of order then you must be in position to prove prima facie that there is no fault on your part.

You may do one more thing, send a registered letter to the other party calling them for signing the MC petition on a particular date....seek help of your lawyer for instant step.

prabhakar singh (Expert) 05 September 2011
Expert : Kiran Kumar is right in his demand for those not before us to opine.

Querist : Anonymous (Querist) 05 September 2011
No direction was issued in the mediation report it was mentioned that divorce should be applied before 25th June but it could not be applied due to their side not co-operating.

But still HC quashed it without asking for whether divorce has been applied or not but basis the mediation report.

but non applying would mean non adherence to HC mediation terms but I cant be held responsible for it.

Just confirm can a quashed FIR - again opened they can only challenge that one clause is not adhered which I am ready to comply with but its a MC petition they need to co-operate and if they do not sign I cant alone file it.

Raj Kumar Makkad (Expert) 05 September 2011
One thing you should bear in mind that High court shall issue you notice prior to passing of any order on the subject matter.

So you have full chance to plead yourself innocent and guilty to other side not adhering to the direction of HC in filing of MC petition.

Querist : Anonymous (Querist) 05 September 2011
Also can anyone clarify that Can Quashed FIR be again opened - Quashing was done basis statement of wife and now she purposely not comply with Divorce clause and then put blame on me that I am not complying with terms.

Will that mean that 498A FIR that is quashed will again become effective and the directions issues to CJM that case is Quashed become invalid.

that seems a abuse of process of law.

A. A. JOSE (Expert) 05 September 2011
No, but you have more afresh.

Devajyoti Barman (Expert) 05 September 2011
The high court once has quashed the criminal proceeding, there is no chance the highn court would recall that order.
More so when the order for quashing was not strictly conditional I do not see any reason that even the supreme court could set it aside only because the divorce petition is not filed .

Raj Kumar Makkad (Expert) 05 September 2011
I do agree with Barman.

SAANJAAY GUPTAA (Expert) 06 September 2011
I also agree with Mr. Barman

After 498a quash - objections

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