Compounding 498A case

You can file petition in the high court to trnasfer the case to a
place where she is willing to come, but remember she has to show
sufficeint causes. Or you can file a petition for quashing the C.C and
file her affidavit in support of your contention as well as stating
that the matter is setteled. You also have to file a petition under 13B
so as to get mutual consent decree of divorce. For further
clarification you can contact me at s_bsst@yahoo.com

You can get nothing from the high court.The case can not be transfered at your option unless your wife supports you.A case u/s 498A is not compoundable but in better ends the court may allow you to compromise the case.

There are catena of judgments directing
the lower courts to compound the offence under Section 498A of IPC
after a watcing period of 90 days and Mr. Ajay as SRINI is saying
that  the matter has been settled out of court the question of
his wife objecting the transfer does not arise. Isnt it?

If at all you have to file a transfer application the proper forum is supreme court. as the matter is being pending before two courts in two different states the proper forum for seeking transfer is the supreme court.

The presence of your wife is very much required to absolve you from the offence.Both of you should present before the court by way of filing a petition to compound or withdraw the offence.If at all you are filing aquash petition then you have to seek stay of the case pending disposal of the quash petition  tobe safe.

Dear All,
The following appeared in "Times of India" Mumbai edition dated 27-06-2008, page 14.
This shows the essentiality of 498A.
Please provide your opinion and suggestions.
Keep Smiling ... Hemant Agarwal

Dowry abuse & divorce in a single day

New Delhi: In a bizarre incident, a woman (18), got married on Wednesday morning, was harassed for dowry throughout the day and was divorced by her husband (22), the same night in Seelampur area of north east Delhi.
The victim alleged that her husband and his parents had been harassing her and her parents for dowry ever since the talk of their marriage begun. “My father did his best to satisfy them, but they refused to be considerate,’’ said the bride.
According to her, on Wednesday, her in-laws asked her father to fulfil their demands before the day end or there wouldn’t be any marriage. “My father convinced them to allow the marriage, guaranteeing all the money they had asked for, before the day ends. After I got married, my in-laws persisted I should get the money immediately. My father broke down when I asked him about it as he needed some time to arrange the amount. My in-laws did not listen and my husband divorced me according to Muslim marriage laws,’’ the woman said. According to police, the bride’s parents filed a complaint with the Seelampur police station. TNN

Thanks for the replies.

Srinivas Sir, As you have mentioned, with her affidavit I can file a quash petition in the High court. Does her presence is required at the time of hearing of quash petition in the High Court.?

As far as transfer is concerned, I have to go to Supreme court as it matters between the states. It will cost me the time and money. I want an early close of the case. If I file a quash petition with compromise agreement, how much time it will take to get it quashed.

Thanks in advance,

Srini

Could any one reply please..

Sirin

You have settled the dispute out of the court. You both no need to go to any high court for quash the case. The remidies available at your end is in the court where the presently the case is tried, you have to file a joint memo, stating the fact of comprimise and praying to sent it to LOK ADALAT of that region, for recording the comprimise, in this way you both can close the case, in the same court.

for futher clarification contact me on : gssharma_advocate@yahoo.co.in

 

Dear Sharma Sir,

Thanks for the reply.

My advocate is saying, a criminal non compoundable case can not be referred to Lok Adalat  and the only option is High Court for quashing. As the 498A case is in New Delhi, please let me know Lokadalat in Delhi will allow 498A cases to compound and withdraw.

Srini