498a FIR quashed but charge sheet filed later
498a FIR was quashed 6 months back and Mutual consent divorce granted. However I have come to know from my ex wife that she has recieved message of charge sheet filed today.
Quash case is showing disposed online and the order states that this is fit case to exercise powers under section 482, however do not explicitly state that the FIR is quashed.
The IO had requested for money earlier which I did not fulfill and suspect this is due to that.
Please suggest if :
1. The order needs to explicitly state that the FIR is quashed?
2. Does the chargesheet hold any Ground?
3. What are the steps I need to take? (I have not been summoned personally yet)
Asked 4 years ago in Criminal Law
Me and my parents were part of the FIR, so after the chargesheet is there a chance of arrest? If so what is that I can do to avoid it as that is my priority?
Below the quash order dated 9-Feb:
The first petitioner and the second respondent filed consent terms before the Family Court at Bandra, Mumbai. They agreed to settle their matrimonial dispute on the terms and conditions recorded
therein. They agreed to take divorce by mutual consent under
Section 13B of the Hindu Marriage Act, 1955. It is pointed out that
out of the sum of Rs. x lakhs payable by the first petitioner to the
second respondent as per the consent terms, a sum of Rs.x lakhs is
already paid to the second respondent.
4. The second respondent has filed an affidavit confirming that
there is a settlement between her and the first petitioner and that she
has agreed for quashing the First Information Report.
5. The first petitioner has tendered an affidavit today. He hasgiven an undertaking to pay the balance amount of Rs.x lakhs to the
second respondent on or before 29th April, 2017. We accept the said
undertaking. The learned Counsel appearing for the petitioners and
the learned Counsel appearing for the second respondent, on
instructions, state that the petition for grant of divorce by mutual
consent is fixed before the Family Court on 29th April, 2017. The
first petitioner and the second respondent, who are personally
present in the Court, through their learned Counsel state that they
will not withdraw their respective consent for granting a Decree of
Divorce by mutual consent. We accept the aforesaid statements as
6. It is the matrimonial dispute between the first petitioner and
the second respondent, which led to the registration of the First
Information Report. Now, the matrimonial dispute is completely
settled. In view of the settlement of the matrimonial dispute, now
no purpose would be served by continuing the criminal proceedings,
as continuation thereof will cause undue harassment to the husband
and wife. Therefore, this is fit case to exercise powers under Section
482 of Code of Criminal Procedure, 1973.
Asked 4 years ago