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deepak (accounts manager)     29 June 2012

Mutual divorce

 

I have a query that my ***** filed 498A/DV/326/125 and many other cases three years back in Mirzapur (U.P), and i am from delhi, after that i filed a divorce in delhi and i get mutual divorce and have to pay rs. 5lac in 3 Installments. she comes delhi for 1 & 2 motion after 2 motion & installment paid to her judge order for divorce in 11.11.11, 3rd installment would given to her at the time of quasing 498A in allahabad HC and before that she take back all the cases HC but till date she didn't take any cases back.
 
What to do now?
 
ADJ of mirzapur is giving date, date, date.... Pls tell what i will do now. because in Mirzapur court Judge says give her one more chance to come, and Mirzapur Police who investigate the case filled his report stating that no crime is done in this area. I want to know is Judge has the power now to quash the 498A or I have to quash it from Allahbad only and 3rd installment is still pending
 


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 6 Replies


(Guest)

Dear Deepak,

Its only High Court which can quashing the FIR which has been lodged by your wife u/s 498-A. Prefer Criminal Application u/s 482 Cr. P. C for quashing the FIR and specify in the applcation that dicorce proceedings are pending where in consent terms have already been drawn. That as per the consent terms, you have to pay the 3rd and last installment pursuant to quashing of FIR. Make your wife a respondent in the same and that at the time of hearing of the petition, her counsel will give no objection for quashing of FIR and the proceedings u/s 498-A of I P C will be quashed.

Feel free to communicate.

1 Like

(Guest)

Sufficient and perfect advice, no need to ask more.

deepak (accounts manager)     02 July 2012

THANKS FOR YOUR REPLIES,

 BUT MY QUESTION IS THAT IN COMPROMISE THE CONDITION WAS THAT AFTER 2MOTION SHE WITHDRAW ALL THE CASE LIKE DV ACT, 125 AND OTHER BUT TILL DATE SHE WILL NOT WITHDRAWN ANY CASES. 

 

 

deepak (accounts manager)     02 July 2012

THANKS FOR YOUR REPLIES,

 BUT MY QUESTION IS THAT IN COMPROMISE THE CONDITION WAS THAT AFTER 2MOTION SHE WITHDRAW ALL THE CASE LIKE DV ACT, 125 AND OTHER BUT TILL DATE SHE WILL NOT WITHDRAWN ANY CASES. 

 

 


(Guest)

Dear Deepak,

Though there is a specific consent given by the girl and there is non-performance of the said consent, you can bring it to the knowledge of the court and likewise in the petition u/s 482 of Cr P C for quashing, you can specify that there was an undertaking given by the girl in regard to withdrawl of the matters pending u/s 498-A, DV Act and 125, the same shall be considered for quashing.

Parallely, you can prefer miscellaneous petition for dismissal of the case preferred u/s 125 Cr P C & D V Acton the basis of the consent which was given by the girl for withdrawal and D V Act and plead before court that despite the consent the girl has not been acting on the same. That, there being specific consent for withdrawl of 125 and D V proceedings, the same needs to be dismissed.

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