After 498a wife want to come back ???

Amit (Querist) 31 May 2013 This query is : Resolved
Respected All,

I need your valuable advise I request to all please provide your suggestions.My wife filed 498a on 10/10/2012 in Gurgaon Haryana- Chargsheet is already submitted. Now file is on charge.

She also filed 125 IPC,In 125 meditation now she is looking to comeback & I also want same because if she could not make a good house wife than I should make a Good dad for my children's.

Please find 125 compromise terms below :-

1. She will withdraw her Court Cases.
A. 498a/406/323/506/34 IPC
B. 125 IPC

2. She will not go out / Parents home without my consult exclude important festivals / work.

3. As a good wife she will live happy married life with matrimonial relation

4. After 498a & 125 I also will withdraw my SEC 9 ( RCR)

NOW WE COME ON ISSUE :-

My issue is that....that how she will withdraw / End 498a

What is the base of 498a end ? she shall change her allegation in front of Judge or Not ? Is it a good deal for me ?

I am waiting for your valuable response.

Thanks & Regards
Amit
Email : amitkumar_140187@yahoo.com

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Adv. Chandrasekhar (Expert) 31 May 2013
Neither magistrate court where S.498 A case is pending nor sessions court has power to quash s.498-A case. So, file a quash petition under S.482 cr.p.c. for quashing FIR and criminal proceedings running in magistrate court beforee the high court and in the petition produce all the compromised points. High court will quash S.498-A and you both can live together harmoniously.

DEFENSE ADVOCATE.-firmaction@g (Expert) 31 May 2013
This is the trap of gender biased laws, filing case is easy withdrawal is tough job.

1) So you have only option as suggested by Adv Chandu to go to HC and move joint application ,

or and this or is big question ?????

2) Your spouse should not appear in the lower court for evidence when called or become hostile. The court may take it leniently and dismiss the case for non prosecution.

Rajendra K Goyal (Expert) 31 May 2013
Expert Advocate defense has given very practical suggestion. However, personally I am of the view that the FIR should be quashed through High Court.

Amit (Querist) 31 May 2013
Respected Sir,

As per talk in meditation with my wife and her lawyer : they / we are not going in High Court with under S.482 they will dispose 498a in same sessions court. If they dispose 498a in same court than what is procedure for same.Is she will hostile ?????

Thanks & Regards
Amit

ajay sethi (Expert) 31 May 2013
we have already advised you . quashing in HC would be ideal based on consent terms . .

Devajyoti Barman (Expert) 01 June 2013
In the same court the case may be disposed wherein the wife and other witness shall have to appear and to give evidence of lodging the case out of misunderstanding and that she has got no objection if the accused are acquitted . It is one or two days job.

Guest (Expert) 01 June 2013
Miyan Biwi razi toh kya karega kazi. If both of you work on the same consensus line, the case is not likely to be unnecessarily forced on you by the court

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