Withdraw the 498a by compromising petition
RAY
(Querist) 21 September 2012
This query is : Resolved
Ld. Friends,
My wife filed 498A/120B/420 against me & my parents way back in July, 2012.
We filed a quash petition u/s 482 in the HC (Calcutta). The HC accept the petition and issued the stay order.
Mean while I obtained Decree against my petition of nullity of marriage as marriage could not consummated due to willful refusal by my wife. The Judge (lower court) declared that “the marriage is void from the date of marriage”.
Now my queries are:-
1.On the basis of nullity quashing of 498A/420/120B become easier or fruitful.
2.After receiving the notice of 482 for quashing my in-laws some how expressed their willingness to quash the matter by joint petition with affidavits. Is it practicable to quash the sections against us by joint petition with affidavit?
Kiran Kumar
(Expert) 21 September 2012
Yes the matter can be quashed on the compromise basis.
let both the parties place on record the compromise between the parties along with supporting affidavits. (in case the quashing petition on merits is already pending)
if you intend to file a fresh petition then let the accused file petition supported by compromise and supporting affidavits...the wife will give her consent for quashing upon service of notice upon her.
the HC is likely to oblige in such matters in order to put an end to matrimonial disputes.
Devajyoti Barman
(Expert) 21 September 2012
1. The decree is not going to quash the criminal proceeding on this ground alone. Both are separate issue.
2. Yes, it is possible.
