dear learned members,
situation is that 498A is under investigation process, it is in indore, i am from bhopal, i entered into a settlement according to which HC would give stay, then i will pay & get divorce, then HC will quash, the process became complicated as on presentation of settlement HC instead of giving stay based on compromise, sent the whole issue to I.O. to sort out,
now the money sucking dracula wife is asking for a different route, she says she will give in writing to I.O. that she does not wish to continue with the case, then i should go for I motion, then in between the FR would be accepted, then i should go for II motion & divorce.problem is that if i go for I motion of divorce, i have to go through II motion also, because the deed has penalty clause.
i am asking that as compromise deed has been presented to HC & a mediator has already been given money for safe keeping, first they should get FR from lower court, then they get payment & divorce.i am fearful that even if she gives in writing that she does not wish to continue with the case, even then as 498A is non compoundable, it will continue & i will be just standing after payment & divorce. learned experience members may please enlighten what is safe route for me
my problem is
1. after giving in writing to I.O. that she doesnot want any action on FIR, if she withdraws later from own statement than what?
2. would police close the case on her writing only, or they can deny as it is a non compoundable offence of 498A and still go on to file chargesheet?
3. after her giving in writing to I.O., then i pay her money in family court and get divorcee, and then afterwards she wants the case to be reopened then what are her chances?
thanks in advance
regards
gaurav
