post 498a case

1. Which State in India the S. 498a IPC is filed ?
2. If it is not AP then she can't take the FIR back it has to be quashed only at State HC.
3. You have not mentioned if her "offer" for you to come to her is genuinely from her heart or for the sake of the only child between two. There is a difference here which to be pondered by only you two.
4. If she is ready to make statement for MC D then one of the agreed conditions which you should insist for first motion is that she will help you as co-petitioner  to quash S. 498a IPC first and Order Sheet of Quash will be filed by parties at the time of second motion and not after Divorce Decree by MC is done.
5. Following above way the sword of S. 498a IPC is removed and both of you are happily parting company.
6. However to make her agree for MC D I see element of money compromise missing and same needs to be discussed in reality between you two which will come into Agreement conditions for MC D.
7. Consult a experienced Family Court Adv. and take his/her services accordingly based on above suggestions.
Rgds

you both jointly file an application to wash the 498a before the magistrate, where the 498a placed. he has the power to stop the case, the otherway is to start witness immediately and yr wife will tell in witness box  that you both come to  an understanding for the sake of the child and she has no complain against you, then also court will stop the case.

if then also mazistrate do not stop the case, you may file, petition under sec 482 for quashing.

Hello Mr. Arun,

I would like to know what do you mean by point (2)? Do you mean to say that if 498a is in AP then FIR can be taken back? If FIR taken back then what things may happen?

Please clarify. Thanks

1. means she can withdraw her FIR. If she does so then no charges pending against you based on her withdrawing the said FIR.
2. same is the position in Maharashtra for S. 498a IPC
Rgds
 

Thanks Mr. Arun. Could you please let me know that;

1. How do I know that she has withdraw the FIR?

2. If she withdraw FIR, can she resubmit it with modifications?

Thanks and regards.