• Quash 498A chargesheet or acquittal judgement

My wife and I have reached compromise to file divorce on mutual consent. 

I have a 498A pending in lower court. I have yet not appeared before that court. My wife is willing to recant her statement that it was misunderstanding. Based on that we are hoping that court would give acquittal judgement.

Is quashing the FIR/Chargesheet better or acquittal judgement? Is it even possible to get acquittal judgement quickly?
Asked 1 year ago in Family Law
Religion: Hindu

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10 Answers

Any judgment of acquittal will take its own time. It is better to file a writ petition in High Court on compromise reached. No quash petition is will be entertained by High Court as the offence is not compoundable in Maharashtra

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

File petition for quashing of FIR based on settlement arrived at with wife 

 

2) wife can file consent affidavit 

 

3) her presence is necessary in court during hearing of petition for quashing of FIR 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Acquittal can only be granted when you have been acquitted of all charges ie proven not guilty. That happens when you face the trial. Here both of you have decided to bury the hatchet and hence the fir should be quashed in the light of the statement by the wife.

 

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

The best would be to inform the High Court through a petition that you and your wife have reached a comprise and you wish to amicably settle your situation.

Thank You.

 

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

Hi, in terms of the mutual agreement if the both the parties are compromised the matter then your wife will give evidence for the same and the court will pass acquittal order. Instead of filling separate petition before the High Court go for acquittal judgment is better one.

Pradeep Bharathipura
Advocate, Bangalore
5454 Answers
311 Consultations

4.5 on 5.0

- Since the matter already settled between you and wife , then you can approach the High court for quashing the FIR for urgent direction of the court. 

- The trial court cannot pass order for acquittal without a property trail of the case ,and her statement can be recorded at the time of evidence in the court , and only on the basis of her said statement case cannot be finalized . 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

The High Court is empowered to quash a criminal proceeding where it is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudges. Courts are also empowered to quash cases where the allegations in the FIR, even if taken at their face value, do not satisfy the ingredients of offences complained therein. In cases resulting from matrimonial disputes, the Court is not dealing with criminal but dealing with broken marriages where resort is more often made to Sections 498A/406 Indian Penal Code.

File petition for quashing of FIR based on the settlement. Arrange a lawyer for wife and will give evidence / file affidavit  for the same and the court will quash FIR.

Ajay N S
Advocate, Ernakulam
4010 Answers
96 Consultations

5.0 on 5.0

If you8 want to quash the case by high court, then you may have to file a petition under section 482 cr.p.c., to which she has to express her no objection by filing an affidvit before the high court, after which the high court after analysing all the facts including the reconciliation, mutual consent divorce, may quash the charge sheet.

If you want to get the case disposed in the trial court itself, then she has to turn hostile witness to the proceedings after which the APP will follow the formal proceedings and the court may acquit the accused based on the oral submission by the defacto complainant about the settlement of the case through mutual consent divorce

You can decide the feasibility of either of the step based on the circumstances prevailing in your end

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Hi there,

 

As per above mentioned circumstances, it is advisable to you to go for quashing of FIR of 498A for speedy disposal of your 498A case. It will get quashed as you & your wife have arrived at compromise. 

Hope answer to your question is helpful for you.For any further query, you can contact me. 

 

Regards,

Adv. Aftab Patel

High Court, 

Aurangabad. (M.S)

Aftab Patel
Advocate, Aurangabad
23 Answers

Not rated

Both are same. You can opt any. 

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

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