Can fir 498a after observation period be squashed in hc

No. Unless the consent of the girl is there with you, the FIR cannot be quashed. However this is a valid ground to file for a divorce petition.

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Mr. Balaji,

                No criminal case can be closed by the jurisdictional court it has to be referred to the Lok adalat by that court . As the case is pending before the lok adalat and after the observatory7 period she has not appeared before thew court all you can do is ask the Lok adalat to issue notice to be present before the copurt on the concerned date and as the money is already deposited in the joint account you may carry a cheque with you to the court so that Aafter making an MOU between both the parties the same may be recorded before the Lok adalat after she gais the trust that you  really want  to comp[romise by paying the agreed amount she may not come to close the case.

In my practise i have seen that the compromise and settlement of the cases and withdrawal of the criminal cases will be delayed because of the lack of trust. Often the defacto complainant in 498-A cases think that the husband is evading to pay.

As Mr. Augustine stated that this can be taken as harassment on husband by the wife which isa good ground for divorce under section 13b of the HMA. you may still go ahead for the quash.

As for sections 3&4 of the dowry prohibition acts do not apply any more here in your case and the subject matter is only under section 498-A of the Indian Penal Code which needs to be quashed.

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

Recipient of BHARAT GAURAV SAMMAN AWARD,2014,

Director, Justice League,

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

Vice President, Minorities Right Forum,

 Member, Advocates International,

National Joint Secretary, Christian Legal Assn. Of India

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.