Querist :
Anonymous
(Querist) 04 January 2011
This query is : Resolved
Wife put up Four 498a cases in previous years & compromised at PS itself & hence no case closure documents done.
Now this year too booked 498a on pretext of her word to be reigning over husband and planning to compromise once again.
She is ready to mention in case closure paper in terms & conditions that she would not approach court/police in future.
Question 1) Will this writing binds her legally in future, Yes or No 2) ortherwise what tomorrow she can again put a fresh case allegating that husband is once again harassing? Will again 6th 498a can be booked in another PS? Is this possible?
REGARDING FRESH CASE UNDER SEC.498A OF INDIAN PENAL CODE KINDLY NOTE THAT. 1.IT IS A CRIMINAL CASE AND AND JUST LIKE ANY OTHER CRIMINAL OFFENCE, EVERY SEPERATE OFFENCE UNDER SAID SECTION A COMPLAINT CAN BE FILED UNDER SAID SECTION.KINDLY NOTE THAT ANY AGREEMENT NOT TO FILE ANY COMPLAINT TO COURT IS NOT MAINTAINABLE. HENCE YOU SHOULD BE CAREFUL AND KINDLY SEND DETAILS WILL SEND DETAILED REPLY .GOOD LUCK.
Khaleel Ahmed Mohammed
(Expert) 04 January 2011
In reply to your question 1. Such written agreements are not enforceable by law.In reply to your question 2. Yes she can file fresh case at any time during your marital life.
Ajay Bansal
(Expert) 05 January 2011
Agreed with Khalleel to some extent.However said written agreements would help you in freash proceedings.
Kirti Kar Tripathi
(Expert) 05 January 2011
I also agree with Mr. Khaleel.
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