Mutual consent divorce and alimony talks were going on with wife for last 6 months but consensus not reached due to difference of small amount. Wife filed FIR for 498a and 406 on 20 Oct 2016. After considering all options of bail and legal procedure I agreed to give in to the demands in couple of days. Now we both are ready for MCD however not sure how the 498a FIR can be withdrawn as no bail had yet been seeked and it's still with police station I under investigation?
1. Well, you must first obtain bail to keep the case on track and then ask the police to submit chsrage sheet immediately.
2. Then execute MCD and file it in court.
3. In between six months time get the 498A case quashed with the consent of wife.FIR once registered can not be withdrawn.
4.Make payment in 2 installments. One while MCD is signed and second when 498A is quashed or on final motion.
Dear Querist
execute a MOU with her and file MCD, after filing MCD, you may file a quashing petition before High Court Under section 482 of Cr.P.C and based on the compromise the High Court may quashed the FIR.
No need for bail or any other legal fighting.
Feel Free to Call
1) since FIR has been filed by the police on wife complaint you can move HC for quashing of the complaint on basis of settlement arrived st with your wife
Thank you sir , however One of the reason for settling out through MCD was to avoid spending on bail as my lawyer is asking for 50k for bail of 3 ppl along with submission of all jewelry claimed by my wife under 406 to the police. Me and my wife have come to an agreement on lump sum amount, so is there a way to do it without bail or without submitting the jewelry claimed under 406,as now that is mutually agreed ?
Fees demanded by lawyer is reasonable
2) it is in your interest to submit the jwellery of wife lying in your possession to wife
Go for other lawyer. The fees of lawyer for bail when matter is settled is exorbitant.
Thank you everyone, but I am a little confused based on all the responses, let me clarify a few things first 1. The jewelry from the wife is with her only the current jewelry in contention is jewelry from us for which she has asked for cash instead as per our mutual agreement. Can I clarify the below : 1. Can the bail be avoided if an MOU and MCD is filled together? 2. When can the quashing of case be filled and usually how long it takes from the day of filling to get the FIR quashed by high court? 3. If i go ahead with the MOU and MCD petetion without getting bail, am i or my family at risk of arrest if no bail is seeked? Though to clarify I do not doubt that my wife will turn hostile.
1) quashing would not take more than 3 months or so .
2) instead of cash better give her the jewellery
3)you would need bail since 498A case is filed against you
4) in many case it has been observed that party to the consent terms after signing the consent terms goes back on his or her word . you may be arrested
Wife filed FIR for 498a and 406 on 20 Oct 2016. After considering all options of bail and legal procedure I agreed to give in to the demands in couple of days.
Now we both are ready for MCD however not sure how the 498a FIR can be withdrawn as no bail had yet been seeked and it's still with police station I under investigation?
If the police has registered FIR for the offences under section 498a and 406, it cannot be withdrawn by the complainant now.
You can approach high court with a petition to quash FIR and she should file an affidavit stating that she has no objection to this then the high court may quash the same or the case has to be presented to the court and she can turn hostile to the witness deposition after which the trial court may dismiss the complaint.
Consult an advocate in the local before proceeding further.
however One of the reason for settling out through MCD was to avoid spending on bail as my lawyer is asking for 50k for bail of 3 ppl along with submission of all jewelry claimed by my wife under 406 to the police. Me and my wife have come to an agreement on lump sum amount, so is there a way to do it without bail or without submitting the jewelry claimed under 406,as now that is mutually agreed ?
You can ignore the idea of obtaining bail on this if the police have been informed about this mutual agreement between you both.
Also as far as the jewels and other aspects since it has been decided to settle the issues amicably between you both, there is no need to return them as per the agreement arrived.
Rest other things can be followed as per my suggestions given in my previous post.
1. If FIR u/s 498A of IPC has already been registered by police based on your wife's complaint, you are required to apply for and avail AB immediately.
2. Section 498A of IPC is non compoundable, hence can not be withdrawn.
3. Ask her to submit an affidavit before the police affirming that she had lodged the complaint out of rage and that the differences have been settled mutually by and between you two and also that she does not have any grievance and complaint against you now.
4. After that file a petition before the High court for quashing the FIR based on the said affidavit of your wife and during the hearing of the quash petition, she should depose in your favour if questioned by the Court.
5.Pay her the settled amount at Court on the final day of hearing (being the day of the 2nd motion) of the MCD petition and also after the FIR could be quashed by you.
1. There is no way left before you other than taking AB and return all the Streedhan of your wife as claimed by her.
2. She can not withdraw her complaint and the resultant FIR filed u/s 498A of IPC.
3. Fees of Rs.50 K charged by your lawyer for arranging AB for all the 3 accused does not seem to be to the higher side at all.
1.Bail or AB can not be avoided since FIR u/s498A of IPC can not be withdrawn by the complainant being your wife. However, you can take a letter from her stating that she has got back all her jewelries.
2. After the settlement is arrived at she submits her affidavit as suggested in my earlier post, you can file the quash petition which may take 2 to 3 months to be disposed off.
3. Even after you get decree of divorce based on the MCD filed by both of you, you will be arrested and placed before the Court since the section 498A of IPC is non bailable and non-compoundable.