quashing of 498-A on mutual concent basis
bhavesh kumar
(Querist) 20 April 2016
This query is : Resolved
Sir, I wan to know that 498-A can be quash in the High court only on the basis MoU between both the parties. Pl. Give me format of MoU for quashing 498-a on my email. thakurbhavesh1982@gmail.com
Devajyoti Barman
(Expert) 21 April 2016
Yes, it can be quashed on consent of both parties.
bhavesh kumar
(Querist) 21 April 2016
but sir is high court will ask for Decree of divorce or it will quashe only on the basis of MoU between husband and wife?
Sudhir Kumar, Advocate
(Expert) 21 April 2016
first decide whether you are agreeing to live together peacefully or to depart peacefully.
Gopal Verma Advocate-on-Record
(Expert) 21 April 2016
you should consult your lawyer if he is genuinely looking up your case he would certainly know all that.
Rajendra K Goyal
(Expert) 22 April 2016
Ask your lawyer to try for quashing, if both parties have settlement.
RAVI K GOUD
(Expert) 25 April 2016
Mr. Bhavesh Kumar,
498-A and Divorce cases are different. As per your facts, you are pursuing quash petition by mutual consent before the High Court, So Divorce decree is not required to pass an order in Quash Petition as there is no divorce petition is filed.
As the 498-A is now compoundable and can be settled by mutual consent of the parties, High court can quash the proceedings before the lower court if all the facts are convinced by the courts. So Divorce Decree is not required for the given case to quash by HC.
Dr J C Vashista
(Expert) 30 April 2016
I agree with experts advise. FIR u/s 498A IPC can be quashed by High Court if your lawyer is able to convince, which depends upon circumstances of the case, discuss with your lawyer.
Nothing can be opined without going through the contents of case file.
