498 A case cannot be with drawn by your spouse 

2) you will have to file petition in HC for quashing FIR based on settlement arrived at 

3) your wife has to file consent affidavit in petition filed by you for quashing 

4) as far as other cases are concerned file consent terms in court on next date of hearing 

5) A1 can be granted POA by father , mother and sister to sign consent terms , appear in court on their behalf 

Dear Concerned 

Reply to your queries below 

1. All the cases can be withdrawn by the Complainant / Respondent on same date except 498A.   Complainant / Respondent need to file an application along with affidavit and the same can be heard by the court and cases can be closed. 

2. DO NOT ISSUE DD - Make it a part of the First Motion of Divorce - File first motion of Mutual Divorce and give it in the court only. After first motion and between second motion all cases need to be withdrawal by Complainant / Respondent - ALSO make sure the setllement amount is paid 50% at first motion and 50% at second motion 

3. They need not to go - Only you need to do the above....

Best of Luck 

father (A2), mother (A3) and sister (A4) are not required for settlement and closure.
Only petitioner and respondent are required.

Best is you can go for quashing in HC.

Else you can make settlement agreement in court which will be binding on both parties and that can be used to close all cases. your wife is bound to it.

DD to be given in court itself so it gets recorded. 

1.  If the cases are being tried by different courts, then you may have to file the compromise petition before each court accordingly as per provisions of law.

You cannot combine all the cases together to your convenience.

In fact the case under section 498A cannot be withdrawn on a compromise by the defacto complainant. If you want to close this case, you may have to file a quash petition under section 482 before high court, in which the defacto complainant shall be another respondent and she may have to file an affidavit expressing her no objection to quash the charge sheet in that case owing to the compromise settlement arrived between you both.

On the basis of the orders for quash you may have to approach the said trial court with a petition seeking to discharge you from the case.

In other cases she and you may file a joint memo mentioning about the compromise settlement and to dismiss the case as not pressed. 

But you have to file the memo separately in each and every case before the concerned courts separately.

2. You may work out the practical feasibility after ascertaining the practical issues involved in each case  and can arrange for further process as per agreed terms.

3. On a compromise settlement, the other accused/respondents may stay back at home and you can represent all of them through your advocate. You talk to your advocate who will arrange the safe passage especially in the given current pandemic situation.  

Dear Sir,

1) In all cases you will have to file compromise petition in front of court at the next hearings. You cannot get the cases transferred to the same same court to be taken on the same day.

2) For case against you of 498 A, both parties will have to file petition before HC for quashing of FIR. Only you can go to court for the same there is no need for every family member to do rounds of court.

 3) You should in your settlement agreement decide the way of payment and time, as the cases can't be withdrawn together you should decide the payment through DD accordingly.

Thank you

1. Except 498A , all the cases can be withdrawn by  your wife after submitting settlement deed even before the date of hearing .

- For 498A , you will have to file a petition before the High court for quashing /cancel the FIR , and where her appearance is mandatory. 

- Further, similarly you can also withdraw your cases before the hearing. 

2. Yes, except 498 A as i mentioned above 

3. They can give their affidavit before the court for the same . 

If possible get your case referred to Lok adalat for closing the settlement 

- If you both agree for the settlement , then no need to refer to lokadalat , and the cases can be withdrawn from the respective courts within a short period of time. 

You should not hasten the settlement process before closure of all the cases.

To gain their confidence, you may settle only 50% of the agreed amount on the day she is cooperating to file an affidavit before the high court expressing her no objection to the quash petition you would be filing. 

In the name of quicker settlement you make sure you do not invite more troubles, hence handle the issues patiently one by one.

The hell is not going fall even there is a little bit delay, hence to achieve the desired object patience is the need of the hour.

Final Out of Court Settlement

Below are the matrimonial cases filed against me and my family members,

1. For withdrawing 498, you need to file writ in High Court, not quash petition under Section 482.  

2. DVC, can be withdrawn as not pressed in Criminal Court.

3. MC, can also be withdrawn as not pressed in Family Court.

4. Divorce petition can be converted to divorce on mutual consent incorporating all the agreed terms.

5. RCR will be dismissed once divorce on mc is allowed.

Different Courts have jurisdiction to settle the cases, it cannot be done in one day and in one court.  

You can go for lok adalat if its happening in very near future.

else you can even ask the case file to send for mediation also instead of waiting for lok adalat.

.The offence under section 498A is non-compoundable. But the State Amendment of Andhra Pradesh has classified the offence under section 498A as compoundable.

 Section 498A IPC is also compoundable but with the permission of the Court vide Andhra Pradesh State Amendment Act 11 of 2003, section 2 w.e.f. 01.08.2003. Sofaras Sections 3 and 4 of D.P.Act are concerned, they are non- compoundable. However, in Manohar Singh vs. State of Madhya Pradesh and another1, the Apex Court while dealing with the question as to the compoundability of the offences under Section 4 of D.P.Act and Section 498A IPC, after referring several decisions observed that though Section 498A IPC and Section 4 of D.P.Act were not compoundable, however, if there is a genuine compromise between husband and wife, criminal complaints arising out of matrimonial discord can be quashed, even if the offences alleged therein are non-compoundable, because such offences are personal in nature and do not have repercussions on the society unlike heinous offences like murder, rape, etc. If the High Court forms an opinion (2014) 13 SCC 75 that it is necessary to quash the proceedings to prevent abuse of process of any Court or to secure the ends of justice, the High Court can do so.

1. If the wife returns stating that she is not willing for compromise  then the lok adalat cannot do anything about it except to file a mediation failure report and revert the case to regular/ trial court.

2. For withdrawing the MC and DV cases, if the cases are posted on some future dates, the petitioner can file a hearing advance petition to advance the hearing from that date to the present date and file a withdrawal memo along with the petition to withdraw the cases pending before the case as not pressed.

This can happen on the same day.

3.  In divorce case also the same procedure to be adopted i.e., filing an hearing advance petition to advance the hearing and then file the affidavits from both the sides mentioning the compromise settlement and pray for disposal of the divorce case by passing a decree of divorce by dissolving the marriage.

4. If all the cases are put together in the lok adalat and both the parties are present before the lok adalat judges, giving their consent, these can be disposed in a single day also.   

On account of COVID courts are taking only urgent cases 

2) as such you would not get early dates 

3) divorce, DV , MC cases  cannot be granted immediately irrespective of next hearing date . You can request for early date on account of settlement arrived at between parties 

4) as far as Lok adalat is concerned on account of compromise arrived at your case can be disposed of expeditiously 

You can go for joint quashing in HC and get all the non bailable offences quashed. Based on a consent terms DV and divorce cases can be withdrawn.

1.  Going to HC will be costly than lok adalat. but in HC, all cases can be closed based on undertaking given and then that undertaking to be used in all cases when their dates will come. 

Same is with lok adalat when it will happen but if it is 3 months confirmation then it better to take HC route. Women are women so she can decline after 3 months based on her mood swing. Choice is yours. 

2.  DVC and MC cases can be closed by advancing the case instead of waiting for next hearing date or can be done on next hearing date.

3.  Divorce be granted by advancing the case instead of waiting for next hearing date or can be done on next hearing date. 

4.  they can be closed within 1 week by advancing or can be done on next hearing date. 

- There is no state- wise law in India including A.P. 

1. An FIR can only be cancelled after filing a Quash petition in High court , and it cannot be refer to Lok Adalat. 

- However, at the time of framing of charge accused of the case can be discharged from the offence. 

2. Yes, 

3. A single day is enough after getting the direction from the court .

Dear Sir, 

1. In case your wife returns back changing her mind, then the lok adalat will revert the case to the trial court or regular court. 

2. Due to the pandemic the court will take only urgent cases, however, you can file a petition asking for earlier dates and also file a petition for withdrawal of the case on the same day as the case has not been pressed.

3. The same process can be followed for divorce petitions.

4. If both the parties are present at the same time and give mutual consent then it can be disposed of as early as possible. 

• For further assistance, you can book a consultation with me. 
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