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shalini sharma (homemaker)     29 November 2012

498a quash with compromise

Hi,

My brother's wife filed a false 498a case implicating him and parents. However, during mediation  at the police station, it was agreed that we would pay her X amount as compensation and MCD be filed in court, custody of infant girl child would be with father and she would withdraw her case by filling an affadavit in court. The said mediation session was video recorded by police SHO and the agreement was signed by all mediators in the police station itself. However, 2 days after the signing the agreement, the girl again returned to the matrimonial home saying she does not want divorce.

Suspecting her intentions, my brother and family filed for anticipatory bail in lower. she was taken to court where she agreed in front of judge that she had returned to her matrimonial home and resolved all her differences. The same was documented vide affadavit.

Now we have plans of  filling for quash of 498a. In case, she does not co-operate or back tracks on her statement given to the lower court judge vide affadavit. Is it possible to tell the judge that she is residing in our house post filling 498a and has given affadavit in lower court and now not co-operating.

Also, let us know, what precautions can be taken as she is harassing my parents and has come back solely to claim property and right to residence. Secondly, she has plans of using the baby to her advantage.

Would like to mention that she has abandoned the infant baby in our house on 2 earlier occassions and we have police complaints against her confirming the event.

Regards,



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 November 2012

Even if the lady backtracks on the settlement agreed upon, you can go in for quashing on merits of the case, her entire case appears to be filed merely with a view to settle scores and wreak personal vendetta, and is highly improbable as apparent from the fact that she lived together after that. It's just that if she sticks to the statement quashing would be much easier placing reliance on B.S.Joshi v. State (2003) SC.

 

Good Luck !

 

Bharat Chugh

https://www.facebook.com/AdvocateBharatChughOnTheLawsOfIndia

shalini sharma (homemaker)     29 November 2012

Thanks for the reply. I have a couple of questions

1)  Can we obtain a restraining order against her as currently she is residing in my parents house and my brothers works in delhi and lives there. She is refusing to leave my parents house for obvious reasons that is claiming residence rights,share in property etc. she was staying overseas with my brother and has returned a month back. Prior to that, she was staying with my parents during her pregnancy and thereafter left 2 months of delivery to join my brother overseas.Let me know under which sections we can obtain restraining order.

 

2) Secondly, twice she has abandoned the infant baby girl, then returned on our filling of police complaint. We have copies of police complaint and DDR. Also we have apology letters from her submitted to police on her return. Can we file any case alleging cruelty to child against her.

shalini sharma (homemaker)     29 November 2012

Hi, can anyone respond


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