Hello,

following is the definition of 498a:

498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

You can try quashing in hc no harm in it. You can also file discharge application in trial court. You can also face the trial.

1) wait for filing of charge sheet then file for quashing in HC 

2) HC is reluctant to quash FIR pending completion of investigations 

3) since there is no allegations made in FIR about dowry harassment no case under section 498 A  is maintainable 

1.Sir file a quashing petition if there nothing on record against you firstly further if you some document to support your case as direct evidence can annexed to  quashing petition showing that the period mentioned in FIR you were not staying with your wife. Further if the alleged facts in the FIR doesn't make out case of 498a the FIR quashing shall succeed.

2. No quashing is option you can explore before chargesheet is filed there are chances that it will succeed.

Appoint a defence lawyer.

You have already appointed a lawyer. So follow his advice. 

If you're not satisfied with his services, you can always dis-entrust him and appoint another lawyer. No advice can be given to you without office consultation. You can seek appointment with me, I'm prepared to handle your case

Dear Client,

If charge sheet is not filed, than can go for quash petition. And sec 498a cases are rarely be quashed by courts, let the trail begin, you can file discharge application, if no evidence against you. You are already on bail, so hardly any risk to you.

1. As per the information mentioned in the present query, makes it clear that the version of your wife is itself ambiguous.
2. I would advice you to go for the quashing of the FIR on merits as your case is pretty much strong and also pray for staying the proceedings in trial court.
3. No need to waste time till the trial concludes.

You may justify your reasons and also may be confident that the section 498a cannot be attracted based on her false complaint.

Howver you should understand that the police will not go beyond the complaint and they will somehow manipulate the things and cook up stories to make the case strong and produce the charge sheet before court to wash away their responsibility.

After that if the defacto complainant is not able to prove her allegations, the police has nothing to do about it.

However be aware that the high court do not quash the FIR as a routine, they may dismiss the petition if the charge sheet has not been filed by police before court.

Hence you may await for that 

Dear Sir,

To be frank unless you hire a reputed criminal advocate FIR against you cannot be quashed since more interpretations required about the words used in the complaint.  Secondly if you don’t go for quash then the trial will take for 2 to 3 years.  Take chance and try to get a stay on further investigation so that the other party get frustrate for long pendency.

You see sir, cruelty u/s 498-A is entirely different from any mutual settlement for divorce you arrive at with your wife. 

Just because both of you arrived at a settlement, doesn't lead to any conclusion that you didn't subject your wife to cruelty. 

It's strange that your advocate hasn't briefed you appropriately on such delicate matters appropriately. Why don't you dis-engange him? 

1) you should act as per your lawyer advice 

2) attend court and when case is referred to counselling take the plea that you want reconciliation 

3) if wife refuses to return to her matrimonial home then counsellor will submit his report to court that counselling has failed and case will proceed on merits 

4) you cannot force wife to agree for mutual divorce 

5) court would award wife interim maintenance and alimony 

6) wife can justify her refusal to return to matrimonial home on account of continuous acts of cruelty 

Counseling provided by the court to sort out their issues through proper advice. If the parties not Willing to reunion in the marriage life they can inform the same to the mediators to refer the case to the court for further proceeding. 

You have just filed the divorce case.

The case is pending in notice of motion statge.

First the summons have to served on her aftetr whic she may have to appear before the court.

If she receives the summons and fails to appear before the court then the court may set her exparte and you can get an exparte divorce decree very soon.

If she appears before the court, the copurt will allow her time to file her counter, once counter is filed the court may decide to refer the case to mediation.

This process will take at least 6 months from this date.

In the mediation center if she protests your idea to rejoin then you cannot do anything about it, it is not necessary that she has to acept or you have to accept her proposal.

All the events that may take place before the mediator are incidental and decisions are to be taken on the spot based on the event that takes place, no predictions and replies to such predictions can be of any use hence first face the situation and then take the assistance of your lawyer to decide further course as per the prevailing circumstances.

See firstly your approach in counselling should be you should persuade her for a mutual divorce she in case you choose one side approach they can take benifit out of it and the proceeding before counselling won't be used in any proceeding. You should not show your intent that you want to use her no want to bring her back firstly try to know what her intent is . See everybody get sick of court proceedings even she will get so if there is hint of offer of settlement then you should persuade settling for mutual divorce and money. Further stand of yours should be that you want divorce and she has levelled the false allegations against you.