Hi All,
Need suggestion on Quashing 498A Case. After mutual divcorce should we quash 498A case in High court or if we close the case in Chief Metropolitan Magistrate Court is enough. Pls suggest.
Savitha (software) 03 November 2024
Hi All,
Need suggestion on Quashing 498A Case. After mutual divcorce should we quash 498A case in High court or if we close the case in Chief Metropolitan Magistrate Court is enough. Pls suggest.
Dr. J C Vashista (Advocate ) 04 November 2024
Chief Metropolitan (now redesignated as Judicial) Magistrate has no authority / power to quash FIR on the basis of a degree of mutual consent divorce.
The accused (husband and others) supported by you shall have to move to the High Court through your lawyer(s) for quashing the FIR.
Real Soul.... (LEGAL) 04 November 2024
If the FIR is lodged and the charge sheet still not filed then you can appear before police station concerned with the Divorce agreement and withdraw the charges. But if the case is lready filed in court then appear before same court and record your statement of withdrawal.
Alpa Jogi (Advocate) (Advocate) 04 November 2024
IPC 498a being non-compoundable offence, you need to approach the High Court to quash the FIR based on your divorce Agreement.
Regards
Alpa Jogi (Advocate)
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