498 A case would continue
2) you have to file petition in HC for quashing of 498 A case
3) enclose consent affidavit of wife
4) you cannot file petition directly in SC
5) no need to file any defamation case
Withdrawal of false criminal cases 498A and 3/4 DP Act after getting mutual divorce
My friend Nikhil from Chandigarh got married in 2016. After marriage having stayed together for nearly two months his wife left his home forever to her hometown, Lucknow. After reaching there ,within 15 days she filed false criminal cases viz.498 A and DP Act 3/4 against him and her in-laws . There is no Charge sheet filed against them till date. After waiting for 4 years ,both husband and wife decided to get separated through mutual divorce. Finally they got separated through mutual consent and received the Decree from Court in 2020. As per Court decree Nikhil has paid permanent alimony of Rs 30 Lakhs to his wife and the rest amount of one time permanent alimony of Rs 5 lakhs he has to pay at the time of compromise of Criminal cases. My friend is willing to pay her Rs 5 lakhs as and when she withdraws these Criminal cases intimating him. It is more than four years they got mutual divorce but since then no official communication from the Court i.e. Court Notice has not come with regard to the compromise of these false criminal cases 498 A and 3/4 DP act. Moreover , last week one gentleman introduced himself as Peshkar contacted my friend by phone ordered him to go to Police station at Lucknow to settle these criminal cases. My questions are as follows: 1. As my friend has not received any Court Notice or Summons ,whether they should appear at Police Station or at the Criminal Court? 2.After the receipt of Mutual Divorce Decree ,will the 498A Criminal case still remains valid? 3.As so many years have passed after Divorce and no chargesheets are framed against them, my friend wants to Quash the FIR. Can my friend file 482 CrPC for quashing of FIR in Supreme Court? 4.Since his family members faced extreme harassment and cruelty by her for so many years, can he file a defamation case against her?
Asked 4 days ago in Family Law
Religion: Hindu
10 Answers
1. At the time of mutual divorce the criminal case should have bene quashed, He had made a mistake . Now he can file case for quashing in high court with offer to pay the rest amount.
2. Yes
3. No, quashing is to be done only through high court.
4. Such case would not give any result. A wastage of time and money.
1. There's no provision in law to withdraw this type of complaint by the defacto complainant, as per your agreement you only should have filed a quash petition before high court in which she will file an affidavit expressing her no objection.
The existing case is pending at trial stage and perhaps there may be a non bailable warrant pending against you hence the police have summoned you.
Even now you can file a quash petition based on the mutual consent divorce and other settlement agreement
2. Yes, it will be effective until it is disposed.
3. Quash petition can be filed before high court only.
4. It is an after thought now hence will not be maintainable
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Police Station Visit: No need to go unless officially summoned. Appear only if a formal notice/summons is received. Otherwise, file a complaint with local police or write to SSP/IG if harassment continues.
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498A Validity Post-Divorce: Yes, 498A and 3/4 DP Act cases can continue even after divorce unless officially withdrawn or quashed.
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Quashing FIR (Sec 482 CrPC): Yes, your friend can file a quashing petition in the High Court (not Supreme Court) under Section 482 CrPC, citing mutual divorce and long delay without charge sheet.
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Defamation Case: He may file a defamation case, but must show malicious intent and provable loss to reputation. It can be considered but may be difficult to prove.
They need to file consent terms in court in mutual divorce proceedings to withdraw the criminal cases. It will not be withdrawn automatically
you need to approach court only after getting notice or summons from court
- You will receive notice from Court in long pending case. Only then appear in Court.
- Even after divorce criminal cases are valid.
- If charge sheet is not filed quash can be applied in High Court
- Filing a criminal case/complaint is not a defamation.
1. Your friend should wait for the notice from the police station
- Further , if not charge sheet has been filed then the police cannot call on the ground of compromise
- However, for filing the status of the charge sheet /charge sheet the police may call
2. Yes, an FIR can only be quashed from the High Court.
3. Yes, he can file the petition before the High Court. Better issue a notice to the girl before approaching the Court.
4. Only after quash the FIR , his family members can file a defamation case against her.
Dear Sir/Madam,
It is suggested to move High Court with an application under section 482 Cr PC (Sec 528 BNSS) for quashing of FIR. If that lady is not coming forward for joint application, in that case she must be made a party to the said application.
Dear Client:
Question-Wise Legal Analysis:
1. Should Nikhil appear at Police Station without a formal court notice or summons?
No, he is not legally bound to appear merely based on a phone call, especially if:
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No notice under Section 41A CrPC has been served, and
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No summons or warrant has been issued by a competent court.
However, to avoid escalation, Nikhil may:
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Send a formal communication via an advocate to the police expressing willingness to cooperate, and
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Seek details of any pending court proceedings.
2. Does the 498A case remain valid after the mutual divorce decree?
Yes, the 498A case remains valid, unless:
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It is formally quashed by a High Court, or
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The complainant withdraws her allegations and files compromise affidavit, followed by quashing under Section 482 CrPC.
Mutual divorce does not automatically quash criminal proceedings. Criminal law is separate and continues until:
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Chargesheet is not filed and FIR is quashed, or
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Trial ends in acquittal/conviction, or
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The case is compounded (in compoundable offences — 498A is non-compoundable without High Court intervention).
3. Can he file a quashing petition under Section 482 CrPC in the Supreme Court?
No, not directly.
Quashing under Section 482 CrPC lies only before the High Court, not the Supreme Court. For Nikhil:
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Since the FIR is in Lucknow, he must file a petition under Section 482 CrPC before the Allahabad High Court (Lucknow Bench).
Grounds for Quashing:
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Long delay without chargesheet (usually 3+ years is a strong ground).
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Mutual divorce and settlement.
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Abuse of legal process.
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No specific allegations against in-laws (often used for quashing their names).
📝 He can submit:
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Divorce decree,
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Alimony payment proof,
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Affidavit of compromise (if obtained from wife),
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FIR copy,
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Proof of delay/lack of chargesheet.
4. Can he file a defamation case against the wife?
Technically yes, but practically risky.
A case for criminal defamation (Section 499 IPC) can be initiated if:
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He can prove that false, malicious allegations were made knowingly,
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He and his family suffered reputational damage,
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The allegations were published or communicated to third parties (e.g., in court or police statements).
But:
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Indian courts are cautious in allowing defamation cases against estranged spouses unless malice and falsehood are crystal clear.
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Since the matter ended in mutual divorce, courts may see it as a settled personal dispute and not support further litigation unless fresh defamatory action occurs.
Practical advice: Wait until the FIR is quashed. Then, if she continues to spread false allegations, defamation or civil suit for damages could be considered.
Regards,
Arunkumar Khedia
Advocate Bombay Highcourt
He should approach the Lucknow High Court for quashing of the FIR on the basis of the compromise.
It will be great if his wife cooperates with him, and joins him as a petitioner in these quash proceedings. Even if she does not joins, still he has a good case and file a quash petition on the basis of the settlement and the mutual divorce decree,.
