RCR filed against Husband After 498A

Answer question wise:

1.  Fir cannot be quashed as such.  The High court cannot go for rowing enquiry.  The facts are subject matter of  trial.

2.  The pleadings in her RCR petition are supporting your case, you can file them at the time of defence evidence in S.498-A trial.  But it has to be seen what are the pleadings in RCR.

3.  Either RCR, which has been filed by her would be allowed in her favour or dismissed against her.  It cannot be decided in your favour, as you are respondent.  But if the RCR is dismissed, you can feel that the case is decided in your favour.  But RCR's fate is not dependent on the filing of S.498-A.  RCR will be decided on its own merits.

4.  No. 498-A will not be quashed by mere filing of RCR.  498-A can be quashed if the High Court exercises its inherent power under Section 482 Cr.P.C.  or both husband and wife reach to a compromise and give a statement to such an extent before the High Court.

Hi Vivek, Your wife is strange.... One way she says that you are criminal. Other side she says she wants you... As per supreme court, allegations attracts 498A section if cruelty is such that wife could not stay with husband. raise this point in your quash petition in HC.

Hello Munirathnam and Prabhakar,

Thanks for your Reply. I also have same sort of felling that if cruelity is there, wife would not like to stay with the husband, but within 20 days of Filing 498A, My Wife shows her willingness by filling RCR in same court.

But what I am aware of is that FIR can only be queshed on technical grounds, and court will not consider any evidence while Quashing of FIR. my lawyer is telling that as we deny to stay with the spouse, it will go against us and decision might be in favour of other party.

One more fact I came to know that within 15 of filling RCR, wy wife once against filled a false private complaing in same court Under section 504, 506. I am veery much in dillema about what to do now?

I am very depresed and my family are very much unsettled and we dont konw what to do now. How come we can take such girl to our family?

Any advice or your great opinion might prove to be boon for rest of my life.

Thanks and Regards,

Vivek Shukla 

you can go for mediation and quashing of FIR
 

and dont worry about RCR as she will be afraid of coming back after 498a and force court to proceed faster