• My Marriage was performed on :07/04/2017. I went abroad on :17/04/2017. Due to misunderstandings, She left my house in india on:22/06/2017. she bought middle man for compromise for reuniting late 2018. Since the discussions have not been successful, middle men have suggested her for DV, 498A. We have not taken any dowry but in the false case booked against us in the month of Sep 2019 she mentioned to have given us 12 lakhs of Dowry and additional 12 lakhs in ornaments. FIR booked around 300kms from my place called Guntur in Sep 2019 under sections 3,4DPA, 498A however, subsequently 41A CRPC has not been given to us by the police before registering the case nor till date. Bail applied for these sections for parents, since I do not reside in India – my brother who also do not reside in India is not part of FIR at this point. Police on SAME FIR with same date and time different sections have been Added so that my father do not obtain bail. (FIR has been altered) My father has not been granted bail resultant of this additional (509IPC) case included in the FIR. My brother went to India to help my mother and since my father hasn’t got bail. With information, Police came home and picked up my brother even though his name is not in FIR. Picked on: 26th Oct’19. Police officer who came on 26th Oct also threatened my sister-in-law of dire consequences in this case. Immediately our lawyer has moved lunch motion petition in high court Guntur. Guntur HC has given clear instructions for police to give 41A CRPC and send him from station Now police included my brother’s name into charge sheet. After 1 year compromise was met the other party were ok with 15 lakhs permanent alimony which was agreed in the form of MOU. Whereas in MOU mentions that no gifts were taken at the time of wedding. In MOU, there is a mention of gifts amounting to 20,000/-. conditions mentioned in MOU was to pay the agreed total amount in 3 installments. 3 lakhs while the criminal cases are withdrawn, 3 lakhs when the mutual divorce petition is filed and the rest 9 lakhs at the time of settlement after divorce is granted in court. 6 Lakhs has been paid already and criminal cases have not been withdrawn and she is not attending high court proceedings. There is no mention of any 12 lakhs Cash and Additional 12 Lakh in ornaments as she stated in FIR. She signed the MOU. We have video evidence as well. Since the Charge sheet was filed by police high court has given instruction to lower court to get this sorted out. in lower court now, she is mentioning that she does not trust us that we will pay the remaining money of 9 lakh and also not come forward for divorce She is demanding that we will have to pay 9 lakhs upfront for her and file divorce petition before removing the criminal Cases. My Questions are: Can we file a cheating case? Can we go for quashing of this Charge sheet in HC? Should mutual consent (divorce petition) be filed before filing the cheating case?She has already signe
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My Questions are as below: • Can we file a cheating case? • Can we go for quashing of this Charge sheet in HC , since she is not coming co-operating? • What is the Probability of success in such cases? • Any valuable advice how to proceed forward. • Should mutual consent (divorce petition) be filed before filing the cheating case? (She has already signed the documents for divorce)
File petition for quashing of FIR in HC
2) enclose MOU signed by parties
3) don’t file cheating case
4) file petition for divorce by mutual consent
5) deposit balance amount in court to be paid to wife on divorce being granted and criminal case quashed
Cheating cases should not be filed at this time. File petition for quashing of FIR / Charge sheet with the HC, submit MOU. Contact her lawyer to convey that you are ready to give the amount as per the terms of the agreement.
File a petition for divorce under mutual consent
1.you can go for quashing first. Later if you feel that thry have filed false case then you can file any case which is made out against them.
Probability is 50-50 in case of merits.
If you file mutual consent then you may not be able to file cheating and other cases
The mutual consent case can be filed only if she is signing in the joint petition along with you, otherwise it cannot be filed unilaterally.
No cheating case is maintainable.
If she has breached the conditions of the MOU, you can issue a legal nicotine to her demanding the repayment of the amount she had taken earlier in the name of MOU, if she do not comply with the demands made, you may file a money recovery suit to recover the amount.
You can go ahead with the quash petition for quashing the charge sheet on the basis of the MOU.
1. No.
2. Yes, you can file a quash petition for quashing the charge sheet.
3. Cannot be predicted, it depends on the strong arguments and the supporting documentary evidences that you may produce before high court.
4. same as above.
5. It may not be taken on file if she is not appearing before court ion the date of filing or during first motion.
1. Section 498a of IPC is a non compoundable section and the complaint lodged based on which the FIR u/s 498a has been registered can not be withdrawn by the complainant.
2. You can now file an application u/s482 of Cr.P.C. before the High Court praying for quashing the FIR since what she has mentioned in the MOU signed by her is totally different from the complaint she had lodged against you and contradicts the charge sheet filed by the Police.
3. If you pay the entire amount, she might refuse to give consent for the MCD and claim further amount.
- No, She can refuse to proceed further for mutual divorce and a cheating case not made out , but you have right to recover the paid amount to her.
- Yes, you can approach the High court for quashing the FIR
- Depends upon the grounds , you have taken in the petition.
- If she is not ready for mutual divorce , then you can file divorce petition against her on the ground of cruelty and other related grounds.
