Balaji (Self) 08 July 2014

498a quash /speedy trail in highcourt

Hi All, My wife filed 498a DP 3 & 4 on me and my parents. Later released on bail. we compromised and 498a case moved to lokadalat. in between my wife filed Divorce case under sec 13 (1) ia,ib. In divorce petition she mentioned 498a DP 3 & 4 Filed in women police station. Now she is not cooperating to with draw 498a case in lokadalat. If lokadalat court moves 498a case to JFCM court,Can I go for quash / speedy trail in High court? Charge sheet not yet filed.

Now I have 498a FIR Certified copies and other evidences. Please advise Is this sufficient to file quash/speed trail in High court ? Thanks to all.

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Tajobsindia (Senior Partner ) 08 July 2014

1. If in a ‘compromise’, one party fulfilled h/er part of compromise para and the other party received its dues as per compromise para then to both parties the 'compromise' stands binding.

2. All at this juncture one has to show in higher Appellate Court is giving/taking in good spirits 'compromise para of parties' and hence 'binding' on both parties as direction from Appellate Court.

3. If above is not background of your brief then bare reading your brief says 'not enough' grounds for quash. However one can still try, you never know how Appellate Court reacts may be in your favor!