• How to acquittal 498A, 506, 511, DP Act 3&4

My wife has filed false 498A, 506,511, DP Act 3&4. Case was filed on me and my family members include father, mother, sister and brother-in-law in the year 2015. By the mediation of both the parties’ advocates we are entered in MOU. Memorandum of Understanding conditions….

1.	Both the parties agreed to dissolve the marriage by mutual consent divorce.
2.	I have to return alimony amount of 300000 on the date of granting divorce.
3.	I had already returned all the gold ornaments and articles to her with a valid receipt.
4.	My wife has to withdraw or close the case against me and my family members immediately.
5.	My wife has agreed to forfeit her right of maintenance and she will not make any further financial or any other claims in future against me and my family members.
6.	Both parties shall not file any cases against each other and family members.
7.	In case of non-cooperation on non-compliance of any of the terms of the MOU shall be treated as cheating and such party who is at default shall be liable for criminal prosecution.

As per MOU conditions we have approached family court (city civil court Hyd) for mutual consent divorce on 12th April 17, and divorce filed. I had returned all the gold ornaments and article with a valid receipt. We both approached Nampally Criminal court Hyd to compromise the pending case and requested to transfer to LOK Adalath. But judge has returned our request petition for compromising our case as DP Act 3&4 is included in the case hence case cannot transfer to LOK Adalath. Request you to kindly suggest how to acquittal or close the case.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

Hi

1) Any case filed under 498A, 506,511, DP Act 3&4 case can only be quashed at High court.

2) Only the High court has powers to quash the case under section 482 of Cr.p.c

In order to quash(close)the case at High court,

a) both parties should file a joint petition in High court seeking quashing of criminal case and

b) also submit the Memorandum of Understanding to the court.

c) High court will quash(close) 498A, 506,511, DP Act 3&4 case within 15 days from the date of receipt of Petition filed by both the parties.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1) you have to file petition in HC for quashing of complaint aganst you and your family members under section 482 of cr pc

2) rely upon MOU entered into with wife

3) wife has to file consent affidavit

4) appear in court

5) HC would quash the complaint

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. The charge u/s498A is non compoundable. The sections under DP Act are also non compoundable and such cases shall be tried by a court not inferior to a Metropolitan or Judicial Magistrate.

2. So, it is natural that the said sections will not be dealt by lok Adalat.

3. You shall have to take an affidavit from her affirming that she has lodged the police complaint and also filed the DP case out of domestic rage which she has reconciled now.

4. Based on the said affidavit, you can file a petition u/s 482 of Cr.P.C. before the High court for for quashing the FIR and also the case filed under DP Act.

5. During the hearing of the quash petition before the High Court, your wife shall have to be present and depose what she has affirmed in the said affidavit in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If the pending criminal case was not disposed by compromise petition, then you have no option than to go for trial. In that the court may be informed through APP about the compromise settlement and then your wife will be made to become hostile to the witness deposition, after which the court may decide to dispose the case by acquitting the accused.

This is one option, the second option to file a quash petition before high court in which she may file an affidavit stating she is having no objection to this and the matter has already been settled out of court.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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