Vishu vishu (dfa) 27 January 2010

Reconcilation requested by Respondent on 482 pre-addmittion

I am 498A Victim, 498A, 420 and some other IPC were alleged against blood relative in the FIR dated 10th Aug' 2009.

On 14th December'09 Petition was filled by fahter in High court Under 482 for Quashing of FIR. 25/01/2010 was Pre-addmintion date given by high court.

After that Police Filled Chargesheet on 24th December'09. On 25th January, 2010 Lawyer of respondent appear before the court and stated that Girl is ready to withdraw all the cases and willing to stay with the husband.The court ordered session for the same.

I heard about one case in which FIR was quashed on ground of filling RCR after 498A. Please let me know, if some sort of benefit we may get from that or in other word will it help in Quashing of FIR and can I get some advantage from the same in the ongoing 498A.

Also please let me know, if I can getstay in 498a case till outcome of the petition.

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3 Replies

Vishu vishu (dfa) 27 January 2010

Court has ordered some councelling for the same*

Arvind Singh Chauhan (advocate) 27 January 2010

If realy both party has reached to some conclusion, High court and Sc have quashed the proceeding on this ground in lots of cases.Eeven after conviction from lower court if parties reaches to amicable solution SC and HC have set aside the sentence. In matrimonial matters courts apply very libral view.

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Vishu vishu (dfa) 28 January 2010

Thanks For Reply Arvind,

I think I need to ellaborate more on my Query. I dont want to go for conditional compromise. I want to know if councelling fails for some reason and if case continues, What advantage I can get from there stand, because on one hand respondent in her FIR alleged Mentle cruelity, and within such short span of time want to continue with the relationship and hence playing with the law.

Another question is I can get stay from High chout for procedding in the lower court.