• Consultation of case 496 IPC, 498A, 376 IPC and 419 IPC

My second wife filed case 496ipc,498A,376ipc and 419 ipc case against me .I told my previous marriage before marrying her.My first marriage was declared void under sec 12.but it was declared after my 2nd marriage.My second wife stay with me 1yrs and when she got job,she return to her parental home.I have filed restitution of conjugal rights.At that time she told me for mutual divorce and a joint agreement was signed by both of us where she declared that she knew the previous marriage and she has no complain against me.she took 7 lakhs from me and declared that she will filled no case in near future.After few day, she claimed for more money and started threatening and filed the above case.I have a voice record of her father for asking money for withdraw case.They want to signed a compromise agreement for withdraw case if I will again give her 25 lakhs.
is this agreement valid in court ?
Now I got temporary stay order from court.

kindly suggest me.should I use voice record and affidavit of her for getting relief .
Asked 7 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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4 Answers

Joint agreement is valid and binding upon parties

2) you can use audio recordings in court

3) you can rely upon affidavit executed by your second wife

4) you can file petition for quashing of FIR in HC

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

The exorbitant demand made by her father is invalid in the court of law.

You dont budge to her pressure.

The case under section 498a cannot be withdrawn because it is not compoundable.

You may have to file a petition for quashing the case or charge sheet before high court or she has to turn hostile witness during trial proceedings after which the trial court may dismiss or acquit the accused.

Her earlier written statement mentioning about the acceptance of an amount earlier and the assurance to not file any case or pursue any legal action in future may be a corroborative evidence to defend yourself.

You can challenge her false cases on the basis of documentary evidences in your side and merits.

T Kalaiselvan
Advocate, Vellore
84715 Answers
2172 Consultations

5.0 on 5.0

Kindly give some references related to this types of case and how I get relief from this case

Dont rely on any reference for this. You have to challenge her false case on the basis of substantial documentary evidences in your possession as well as merits in your case.

T Kalaiselvan
Advocate, Vellore
84715 Answers
2172 Consultations

5.0 on 5.0

Dear Querist

If you are ready to pay the amount then refer the matter before mediation cell and settled your matters amicably, after execution of the settlement before mediation she can not back and that document will be a valid document like a court order.

Based on the settlement you may file a quashing petition before High court under section 482 of Cr.P.C.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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