1) you can file petition for quashing of 498A case on basis of settlement arrived at between the parties

2)if wife does not cooperate dont appear in court on next date in divorce case

3) court would adjourn the case

4) if 498A is quashed then you can appear in court in the divorce case on the adjourned date

1. Please note that charge u/s 498A of IPC is non compoundable for which she won't be able to withdraw the said complaint.

2. You are required to take an affidavit from her affirming that she has filed the said allegation out of domestic rage and has not compromised with you in family matters and does not possess any such grievance against you.

3. Based on the said affidavit, you should file a petition before the High court u/s482 of Cr. P.C. praying for quashing the said FIR filed u/s 498A of IPC based on the affidavit affirmed by your wife and in the said hearing of quash petition she should also depose as per her affidavit.

4. File the said quash petition immediately to be heard before the date of hearing of the 498A case.

1. this compromise is void under section 23 of the Indian contract act.

2. this is complaint case and she can withdraw it but with free consent instead of any compromise.

3. if she is ready to pursue 498A case, you should use that compromise deed or letter as an evidence against her to show that it is filed with mala fide intention. on the basis of compromise deed the high court can quash this case.

1. I am not sure why is she insisting your return to India for withdrawal of the case.

2.However do note that your settlement is complete as yet since she has not received the full settlement money nor divorce is granted on mutual consent.

3. if the same is done and still she does not withdraw the 498A case you can fule quashing case on this ground wherein the high court quash the case.

4. So act accordingly.

The 498a case is non-compoundable hence it cannot be withdrawn by her even if she wants to help you out or support the mutual agreement between you both in this.

But in Andhra it is compoundable hence if it applies for TS, also then she can do so by filing a petition before court

to that effect provided the proposed MCD is filed first.

She can be pressurised for this or accept her terms to visit India once, make sure she withdraws her complaint and then initiate the MCD process.

If she is not agreeing to the proposal then also you can put the process of MCD on hold and also the payment of agreed amount can be put on hold to pressurise her.

If you stop the cheque now MCD will fall apart as she will revoke her consent before the final motion. Let the cheque be honoured. If she does not withdraw 498A even after MCD then you may move the HC for the quashing of 498A. Divorce has no nexus with 498A. It is in your interest to let MCD proceed.

1)send notice to wife that as per consent terms she was supposed to with draw 498A case by sept 2016 and has still not done so

2) request her to with draw before next date for divorce petition

3) if wife does not with draw dont attend court on next date

4) divorce case would be adjourned

5) move HC for quashing 498A as per consent terms

Yes, do not pay her till she agrees to withdraw the 498A case.

However as I advised earlier the high court quash the case even if wife does not cooperate if it finds that husband complies with the terms of MCD and made the payment

Your lawyer is not appearing to guide you properly.

If she fails to withdraw the 498a case as promised then you may put the further payments on hold as a retaliation.

Until ascertaining a clear picture, it would be advisable that you postpone your plans to travel to India because it may not prove fruitful to you without a certainty about the proposed events to happen successfully as per original plan or design.

Q. If she still not withdraws 498a, we can file cheating case :

this agreement is void so you cannot file cheating case. linger on this procedure becaue currently you are living in US so she cannot get any relief in any criminal case unless summon or warrant has been issued and served upon you, it is very difficult to serve in US because consent of MEA and Home ministry is necessary. such warrant shall be issued under sec 105A crpc and it needs to approval from central government.

if you return India and such summon or warrant serves upon you then you cannot go without permission of the court and also your passport may be impounded by the court.

put pressure upon her to accept compromise deed and withdraw her 498A case,

1. I am again informing you that charge leveled against sec.498A is not compoundable i.e. not withdrawable.

2. It was a mistake on your part to mention in the MCD petition that she will withdraw the 498A complaint with in September' 2016.

3. You can not filr a cheating case against er for not withdrawing the 498A complaint since it is not compoundable. if you file such case, then she will submit a letter addressed to the police withdrawing her said complaint. Please note that even if she writes to the police for withdrawing her said complaint, police will not be able to withdraw the case since it is not compoundable at all.

4. You shall have to take the risk of paying the fist installment of rs.2.5 lakhs.

5. You can ask her for submitting the affidavit as suggested in my earlier post affirming that the said complaint was out of rage and has compromised with you in family matters and does not possess any such grievance against you now.

6. File the quash petition before the date of the 2nd motion for your MCD as suggested in my earlier post wherein she should depose in support of her affidavit to enable you to get the FIR filed against you quashed.

1. If you stop the cheque you may not be able to prove your bona fide conduct which is quintessential to success in a courtroom battle.

2. What your lawyer has told strikes chords with me.