• Quashing of FIR and 498A cases

Dear Sir/Madam,

I have a 498A, DV against me and my aged parents and Divorce case against me in Mumbai

The other party has agreed on MOU and is ready to proceed, however they insist that my lawyer should file for quashing in High Court within 90 days and the agreement money is deposited in the court when quashing petition is filed. The money would be released to them after quashing is done. I am not an Indian resident and my parents are very old to travel to Mumbai from my home state. My father is very old and he has my power of attorney
I have a PO issued against me for all these false cases and hence I cant travel

I have the following questions


1. Is it mandatory for the accused ( in this case me) to file the quash petition

2. If the MOU is signed, quash petition is filed by my lawyer the money will be deposited in the court. Can they play some trick and refuse to quash and get the money out of court in their favour

3. If the other party do not cooperate within 90 days as agreed in MOU then what happens to the money deposited in the court

4. In Maharastra , is quashing done before MCD


5. Do my father have to travel to Mumbai or it can be notarized from my home state in Indiacourtr
Asked 3 years ago in Family Law
Religion: Hindu

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6 Answers

Yes without the petition your fir will not be quashed and tge matter would be kept pending which can hamper your reputation.

State very clearly in the petition the money you are giving time of giving. Deposit the money with the court through a DD.

The money would be returned to the party in case tge negotiations do not materialise. You should do it before the MCD. Yeah it can be done before the MCD.

One of the parties has to go to the court on the behalf of others Nd give a statement before the court that they have settled.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Yes for 498 A it's required. 

2. They can do that. In your consent terms record that only after quashing wife can remove money deposited in court by you

Prashant Nayak
Advocate, Mumbai
34539 Answers
249 Consultations

The accused should file for quashing 

 

2) money would be paid to them only after FIR is quashed by HC 

 

3) you should get refund of money in case wife refuses to cooperate for quashing and does not appear in court 

 

4) petition can be notarised from your home state 

Ajay Sethi
Advocate, Mumbai
99809 Answers
8147 Consultations

If you would like to get out of the case then you may have to file the quash petition but she may have to appear before court to express her no obligation by filing an affidavit in person before high court. 

For withdrawing the deposit amount from court you may have to give NOC to her 

The court will not accept the deposit without any petition seeking permission for some specific purpose.

In that case,  if the opposite party violates the condition they cannot withdraw the amount 

 

The procedure is common throughout. 

Your father as your power agent has to be present before court. 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Dear Client,

Yes, the accused should file the quash petition in this case.

Thank You.

Anik Miu
Advocate, Bangalore
11019 Answers
125 Consultations

You've not stated as to in which case have you been declared PO as that would enable us to advice you better. Still, to answer your queries :

1. Quashing of all three i.e. 498a, PO and DV are possible. But assuming that here you are referring to quashing of PO, yes the accused would need to file for quashing of PO, as anticipatory bail is not possible in PO cases, therefore quashing of PO is the only solution.

2. Generally such money is not deposited in the court except in cases where the court orders such an amount to be deposited in certain suits. An MoU is a mutual agreement, and the court is the judicial custodian but has no role to play in accepting and depositing such payments in the court for payout at a later stage. Although since the MoU would now be in the court, so the other party would ideally fulfill their written and signed commitment, but the risk that the opposite party might oppose the quashing would be there as there is no guarantee that they would honor their commitment. But even if they backout, they would not be able to get any money.

3. As already mentioned above, in such cases no money is deposited in the court.

4. As per the general law, quashing of PO is definitely possible before MCD.

5. You would need to provide a Special Power of Attorney to your father authorizing him to file the quashing on your behalf. Your father would need to appear personally in the Mumbai High Court to file the application for quashing of your PO.

 

 

Indu Verma
Advocate, Chandigarh
169 Answers
8 Consultations

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