• Got bails for false 498a against me and my parents while living in Coimbatore

Got bails for false 498a filed in Kolkata against me and my parents ( retired ) . They have filed case for alimony and compensation for domestic violence. Chargesheet filed says the cause of action was in Coimbatore. Now residing in Kolkata . I work in a hotel earning [deleted] per month. I have also filed divorce suit in Coimbatore which is going to be ex-parte. They are willing for a settlement for money. The interested advocate of the opposition party is willing to settle it for a price . 498A charges cannot be tried here due to lack of territorial jurisdiction.The trial for 498a 406 and 125 is yet to start. Almost 2years have passed . Please advise how to go about it?
Asked 8 years ago in Family Law
Religion: Hindu

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9 Answers

File for quashing in HC based on settlement arrived at between parties

2)enter into consent terms with wife regarding paymentvof alimony etc

3) it should contain clauses regarding withdrawal of false cases and that wife should cooperate in quashing in HC

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

Hello,

If you two are ready for settlement then enter into a settlement deed.

On the basis of the settlement deed all the cases can be withdrawn and then the divorce filed by you in Coimbatore can be converted into a mutual consent divorce.

Accordingly the 498A case against you and your parents can also be taken back on the basis of the settlement deed.

The 498A case can be withdrawn by the same court where the charge sheet has been filed or in the alternative you may move to the HC and get the charge sheet quashed on ground of the settlement.

Correct me if I am factually wrong and let me know if I can be of some help.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If this settlement is possible, go for it.

Negotiate with your wife and her Advocate so that your demands are also accommodated.

Clearly tell them what price you are willing to pay for this settlement.

Vibhanshu Srivastava
Advocate, Lucknow
9767 Answers
323 Consultations

Hi

Let me advice you here for mutual consent settlement.

This would be best.

Save your precious time and go for mutual consent divorce.

Put condition that all the petition from her side would be withdrawn.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. It is against the Advocates Act to settle a case against taking money.

2. You should directly establish contact with your wife and amicable settle for MCD against agreed terms.

3. Thereafter ask her to execute an Affidavit affirming that she had lodged the said police complaint u/s498A of IPC under domestic rage and both of you have settled the matter now amicably and also that she has no further complaint against you.

4. The 498A case has already started and Charge Sheet has been filed. The Court has ignore the jurisdiction issue. Actually the police station of Kolkata should not have registered the FIR u/s498A of iPC since the cause of action has arisen at Coimbatore.

5. Since the charge sheet has already been filed, it is the fit time to get her executed the said affidavit as stated above and then file a petition before the High Court u/s 482 of Cr.P.C. praying for quashing the FIR based on the affidavit affirmed by your wife and at that time your wife also should support your said claim preferred before the Court.

6. If she is not agreeable to settle the matter amicably, contest the cases fittingly without resorting to such practice of making deal with opposite side lawyer since he can double play his game for which you might incur loss finally.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

498a,506 IPC , 125CrPC be tried at Kolkata and divorce case be trial at your place coembathor

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

1. If they want a settlement for money, which you are not ready to accede to, you have to contest the case on merits. Apply to the court for discharge as and when the chargesheet is filed.

2. If the charges are framed then you may challenge the order of framing charges in the higher court which can quash it.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Dear Client,

Even if, the trial is delayed for jurisdiction, it will come up some day, I agree with ur innocence still such cases nothing but waste of peace and bring social disrepute and legal complications.It will be better to get into settlement as soon as on reasonable alimony acc. to ur earning capacity.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If you are confident that the 498A and 406 case cannot be tried here in Coimbatore due to jurisdictional issues, you may file a petition before high court seeking to quash the same on the same basis besides their false allegations.

If you are not interested in making any settlement, you may refuse the offer made by her side advocate.

You can discuss with your advocate on all such further issues and be firm on the decisions made by you in this regard.

T Kalaiselvan
Advocate, Vellore
90210 Answers
2506 Consultations

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