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(Guest)

498a quash in problem

Hi good morning experts I am Indian and at present living abroad with my parents. The girl whom I married filed 498a and 406 against me and my parents filed in different state. This is filed on our back and 4 months later after we left india. Court sent summons to us but we were not aware and finally were declared PO by court. I never obtained bail nor parents did as we were not aware of case which girl started in her state of residence. When we came to know later we talk to girl and paid whatever she asked and did compromise on her terms and conditions. I got mutual divorce through SPA and now filed for PO and FIR quash based on compromise. But the judge is asking for my presence in court to start quash. My problem is that if I come back being PO I afraid arrest and loss of job abroad. I have no vacations from job. What should I do. Girl received whole amount from me and signed affidavit for quash of PO and FIR. Please reply


 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     25 May 2016

Repeated query

Sudhir Kumar, Advocate (Advocate)     25 May 2016

"But the judge is asking for my presence in court to start quash."

 

this q1uashing is a concession not a right a deviation.  So you should not annoy the judge.  He has the powers to ignor ethe comprimise and not allow closur eof case still you hav eto come in India and bail will be difficult being a PO.


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