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Ezaan Khan   10 October 2024

settlement / compromise in court

respected experts,
wife filed 498 dv and all other cases in court now she wants to with draw all the cases by settlement for some amount. She filed cases in honble high court and in family courts etc. can lower court have rights to withdraw cases which she filed in HC etc.
kindly advice what is the process how to settle this issue in court...can full payment be given r after judgment 50% to be given.
thanks in advance


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     10 October 2024

The case filed under section 498a is non compoundable hence she cannot withdraw the case even if she wants to do so.

She can execute a NOC by an affidavit before the high court to a petition filed by you for quashing the FIR alternately she can turn hostile witness before trial court during trial proceedings after which the court may acquit you.

You may pay only half of the agreement now and pay balance after divorce case is decreed.

1 Like

The Perfect Solutions (Advocate)     14 October 2024

I agree with the suggestion of brother Kalaiselvan. In the given scenario, please ask the complainant and other witnesses to turn hostile.

P. Venu (Advocate)     14 October 2024

The High Court has the discretion to allow the cases to be settled through compromise even if the offence alleged is non-compundable.


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