Compromise reached

Querist : Anonymous (Querist) 06 October 2011 This query is : Resolved
My wife had filed a false 498a case on me and my parents and we have secured bail now. Police SI called for mediation and we have reached a s ettlement amount of 20 lacs , so t hat she withdraw all the cases.

WHat are the procedures should I follow now ?sec 498a is non compoundable offence.. so how to quash it .Should it be done in high court or sessions court ?WHen should I give the settlement money .Mean while police are always troubling me in my office and my peace is lost although I have settled the dispute with my wife...Please help me.

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s.subramanian (Expert) 06 October 2011
You have to invoke the inherent powers of the High Court Under Sec.482 of Cr.P.C. and seek quashing of the case in view of the settlement.

Raj Kumar Makkad (Expert) 06 October 2011
Settlement might be containing your divorce as you are agree to provide her Rs. 20 lac. You both file a joint petition seeking divorce and file a copy of your settlement before family court wherein the term of withdrawal of all cases might be written. You obtain certified copy of petition and statements of you both entered while first motion and then file a petition before HC under section 482 to quash FIR in view of settlement which has partly been implemented. HC shall definitely do the needful.

ajay sethi (Expert) 06 October 2011
do you want a divorce? whether lumpsum payment was in regard to case filed under 498 A only .

if your wife is agrrebale for divorce then file for diovrce by mutual consent as advised by mr Makkad . file consent terms . then move high court for quashing

ESTHERPRIYA (Expert) 06 October 2011
You have to file a petition in court to quash it.

Sanjeev (Expert) 06 October 2011
1.File a Quash petition in High Court and all the settlement conditions as to alimony of Rs. 20 Lacs should be documented in the petition.

2. Divorce on Mutual consent should first be filed as after getting the whole money your wife may turn back and may not sign the MC divorce. So its better to file MC divorce pay some amount may ne half of Rs. 10L at the time of filing the first motion.

3. The rest amount shall be paid at the time of second motion.

4. HC will quash the case basis the settlement.
5. Dont worry about the police they have no role to play after bail have been secured police role ends- its just a way to earn money as they would be under the influence of the other party and pressurising you to pay fast and from this amount they would also be getting a share from your wifes side and they will also try to get some percentage from you. Police cant pressurise you just ignore them and dont be pressurised by their calls.

5. You have settled for a very huge amount - the wifes side have achieved what they wished from filing 498A. In case you would have fought back and waited for some more time the settlement could have been at much lower amount but thats your wish.

kuldeep kumar (Expert) 06 October 2011
expert mr makkad rightly advised.i wonder how people easily guess that we will live in peace thereafter.by agreeing to terms of settelement u may seek peace but wordly effect is that u have admitted that u have committed a crime and u have treated her in cruel manner and now reaching compromise.why not fight boldly n teach a lession to errant wife if u r innocent.

Shonee Kapoor (Expert) 06 October 2011
There are two ways you can handle 498-a.

If the evidence is not led by other party, she can turn hostile witness in the trial court, thus helping you get acquittal.

If evidence is already led, then move for quashing.

Also, all cases should close and you should get Mutual Consented Divorce.

Don't pay the complete money in advance, but give in tranches on every step.

I hope everything has been agreed between you and your wife and the same has been reduced to writing on a Rs. 100/- Notorised Non-Judicial Stamp Paper in front of competent witness.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 06 October 2011
Actually I thought of fighting back the case but my father has fallen sick to this 498a drama and hospitalized. He is pleading to me to end this asap. For his sake only I had agreed for the settlement. I am so frustrated with life that she is threatening my sick parents and me to extract money....

THanks for all your advice regarding quashing and the mediation and settlement process. Lawyer forum's contribution to my life is immense.. thank you.

Compromise reached

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