When you apply for quashing on the basis of a compromise you do not have to mention the allegations. You have to just state that the matter has been amicably resolved. Your wife's lawyer is right, heed him.
498a & 506 FIR quashing after mutual consent
Hello all, There was a false 498a FIR made against me and my family after which due to family intervention we have filed a mutual consent divorce and settled the matter . I now have to get the FIR quashed and the wife has agreed to cooperate in the same. We have created a draft petition for FIR quashing in which we have stated(listed) all the allegations made in the FIR however my wife's lawyer is insisting on removing all allegations from the petition and only base the petition on the fact that we both have settled our matter in the family court by getting into an MCD and that the FIR be quashed based on that,or else they do not consent to the petition. Can you please suggest if the FIR quash petition need to list all allegations made and what should be the primary base for getting the FIR quashed?
Asked 8 years ago in Civil Law
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5 Answers
1) your wife lawyer is correct . the quashing petition should be based on fact that dispute has been resolved by filing consent terms in MCD
2) it is not necessary to list all the allegations made in the 498A case
1. Since the quashing is made on mutual consent of your wife you can't attack the merits of the FIR by listing the allegations.
2. Her lawyer is very much right. You have to draft the petition in such a manner that quashing is filed to end the litigation on consent of your wife as she has mutually settled the dispute.
3. So file the quashing as I have advised above.
For quash petition you may include in the pleadings just the facts that have taken place instead of stretching it with lengthy list of allegations in it.
You can mention that since a compromise arrived between both and have divorce on the grounds of mutual consent, the petition is filed praying to quash the FIR.
Her NOC in the form of an affidavit shall be sufficient to get the FIR quashed.
Dear..
Quashing of F.I.R..... lie to High Court ..and also supreme court of India....you can challange your order...in both the courts...accordingly ...
Regards
Mob-No-[deleted]
