Matrimonial cases

1. agreement is not valid divorce, in leading case Supreme Court held the divorce on stamp paper is not valid.

2. File a petition for restitution of conjugal rights u/s 9 of family law... and keep continue 498a case and in addition file 125 crpc for maintenance and file 12 u/s dv act for domestic violence or right to residential in husband house.

3. No police can not quash the FIR they have no power only High court have power to quash the FIR.

4. You put pressure on police to lodge FIR and prest it in the court.  If under 90 days charge sheet not filed then you husband eligible for default bail in that case.

5. They have to file chargesheet with in prescribed time keep you pressure on police officials try to writ sho dcp etc to make them file chargesheet in court...

Question-wise reply is as under:

Q1 Please suggest me if the agreement is valid or not in Law?  

Ans: No, it's invalid and illegal.

Q2 I’m not interested to go for mutual consent divorce will my husband can again reopen that 12.1.C case against me and how it is valid at law with in the limitation of 1 year  may 15th

Ans: No, it is stated to have been withdrawn without liberty to re-lile. However, can you forcefully stay with your husband and in-laws when he / they are not interested.

Limitation is a different issue, discuss with your lawyer.

Q3 Will the police people Quash the FIR based on the agreement made?

Ans: No, FIR can be quashed by jurisdictional High Court.

Q 4 my husband already maintained  the police, If charge sheet is not filed with in 90 days what will happen to register FIR? If police is not filed charge sheet with in 90 days. Can I reopen same FIR again through court directly?

Ans: Filing of charge-sheet witin 90 days is not mandatory / compuslory in the instant case, IO may or may not file charge sheet depending on investigation report prepared by him/ her.

IO may file closure report instead of charge sheet. 

Your question qua opening of same FIR is not clear, better to consult your lawyer. 

Prima facie you have no case or a very weak case against your husband / in-laws, it is advisable to review your decision to proceed or drop it.

1. Need to go through the agreement.

2. Clarify what is 12.1.C.? Aside, once a case is withdrawn it cannot be restored by the Magistrate without having a order from an appellate cout or can be filed fresh on fresh cause of action.

3. Only High Court has the power to quash.

4. If police is unable to file chargesheet within 90 days, the accused will be entitled for default bail. But the case arising out of the FIR continues unless the accused persons are finally discharged by the court.

5. You can place the case at anytime before the court, provided the case is not disposed of. 

Please get consulted with an Advocate for better appreciation of fact.