498A quash

If the matter concerns Punjab & Haryana High Court, the quashing petition for criminal complaint/FIR u/s 498A IPC etc. has to follow the process where both parties appear and record the compromise once again in the Magistrate Court where the FIR proceedings are pending, The Magistrate reports about the compromise to the High Court and on the basis of the report the High Court quash the FIR and proceedings u/s 498A IPC etc.

No doubt the compromise between both parties that was recorded in the Family Court will be part of annexure with the quashing petition but that itself will not be sufficient for getting the order for quashing from the High Court.

As far the ex-wife appearance in the High Court is concerned if she fails to do so in spite of the notice duly served upon her, the High Court can proceed with the case according to the compromise recorded in the Family Court and may quash the FIR and proceedings in the Magistrate Court.

Dear Angad,

                    When both of you have entered into a MOU for mutual settlement and as the same was recorded before the Hon'ble family courts and later an order citing the contents of the settlement was passed which isa good ground for quash.

Please enclose the order of the family court and file a quash petition before the High Courts as it has an inherent power under section 482.

SOLOMON RAJ

Advocate, High Courts of A.P. & T.S.

Recipient of BHARAT GAURAV SAMMAN AWARD,2014,

Director, Justice League,

National Joint Secretary, Christian legal Association

General Secretary,U.C.C ,State of Telangana,

Vice President, Minorities Right Forum,

Indian Ombudsman, U.E. Of Unites states of America,

National Vice president , All Indian Christian's Council,

Email:rajcarey@yahoo.com, justiceleague367@yahoo.com

Ph:+91-9866545086.