Closure of case under section 498a mutually
Ashish Roy
(Querist) 09 January 2014
This query is : Resolved
My wife filed case under 498a and other cases in Kolkata. I and other accused on bail, police filed charge sheet. No further proceedings since then (at least 4 years). I live in Delhi. Wife now ready for mutual divorce and closing other cases. Cases in district level courts. MY QUERIES ARE:
1. How to end 498a simultaneously with 13(b) under the circumstances.
2. Can I get exemption for appearances of other accused in 498a (mother, aunt, uncle) as they are old and sick and cannot travel to Kolkata from Delhi.
3. Is there any MEDIATION CELL in Kolkata also like Delhi courts. If yes, provide contact details plz.
IF POSSIBLE TELL ME THE PROCESS AS TO HOW TO GO ABOUT IT.
Awaiting reply.
Thanks and ragerds
Dr J C Vashista
(Expert) 10 January 2014
To end 498a simultaneously with 13(b) under the circumstances cannot be done since MCD has not been finalised, since case u/s 498A IPC was registered after lodging a FIR which shall be quashed subsequenly on the strength of MCD.
2. Yes, you may seek exemption for appearances of other accused in 498a (mother, aunt, uncle) from Trial Court on an application stating that they are old and sick and cannot travel to Kolkata from Delhi.
Devajyoti Barman
(Expert) 10 January 2014
1. Once you file petition u/s 13B for mutual divorce, you can also file petition for quashing amicably. The order of quashing would depend upon when your wife consents to it, either before divorce or after it.
2. You or other accused persons may not be present while court grants quashing provided your wife remains present.
3.Yes, in Alipore District and Sessions court, there mediation cell but I do not think you require this if both of you agreed for settlement.
ajay sethi
(Expert) 10 January 2014
agree with experts
Ashish Roy
(Querist) 10 January 2014
THANKS TO YOU ALL FOR YOUR VALUABLE ADVICE.
Now a new query. 4th addl dist judge (where my wife filed for divorce on cruelty grounds and case is at evidence stage) on asking about filing of 13B procedure says, you need to file 13B with dist judge and get me the judgement paper to close the case here (this is my wife's lawyer's statement). However, I feel this is not possible as how can one go to a different court for the same matter. My lawyer says my wife should file for non-prosecution in 4th addl judge court and on acceptance simultaneously file for 13B with the distt judge. Alongside, my wife should also file for quashing of 498A, 125 etc.
Kindly advice what is the right way to go about it. This is all happening at judge court, Alipore, Kolkata.
Thanks and regards.
Devajyoti Barman
(Expert) 11 January 2014
The 4th ADJ has no power to end the 498A case as suggested by some lawyer.
You have to go to high court to quash the case with or without the consent of your wife.
The magistrate court can acquit you on the basis of your wife's statement but that is a lengthy procedure.
Dr J C Vashista
(Expert) 11 January 2014
I agree with Sh. Devajyoti Burman ji, get the FIR quashed in High Court, it is easy, simple and least time consuming process
Ashish Roy
(Querist) 11 January 2014
Sorry, may be I put the query wrong.
1. My query was is it possible to file for 13B in dist judge court while a case is already pending at ADJ (where my wife had earlier filed for divorce on grounds of cruelty, at evidence stage). If yes, what is the process. If not, then what is the process.
2. Now, second query is how to go for quashing of 498A case amicably pending at police court where charge sheet was filed a couple of years back, but since then no progress. If it can be done at police court, what is the process? What is the process if we go to High Court? Kindly advice the short (less time consuming procedure). Wife will consent in both the cases. Can it be done simultaneously while 13B is under process?
Your valuable advice is highly appreciated.
Thanking in advance.
Regards
S.QAISAR ALI ADV.
(Expert) 12 January 2014
if both the parties are agree for mutual divorce.move to mediation cell,court will itself issue sufficient and proper orders to close the pending cases .mediation cell is available .
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
An offence u/s 498A of IPC is non-compoundable. here are two options: 1) to file a petition u/s 482 Cr.P.C before high court for quashing the charge sheet/FIR, 2)To request the concerned police to hasten the case by producing your wife's evidence as PW1 by asking her to turn hostile to the case before the court, then a formal deposition of evidence by IO, the court will then dismiss the case. In both the events your wife's presence and consent before the court is essential. If she has filed a divorce case against you under the grounds of cruelty and has consented to your petition for mutual consent divorce, she may be asked to withdraw her case and to sign the proposed fresh case u/s 13B of HM Act. The divorce case has got nothing to do with the criminal case. She can even withdraw her another criminal case u/s 125 Cr.P.C. by filing a memo seeking permission to withdraw the same. As far as appearance of your elderly parents before the court for criminal cases, you may file a petition u/s 205 Cr.P.C. seeking direction to dispense with their personal appearance before the court on the grounds you have intended to seek the same.
