• Quash of 498A after getting decree of mutual consent

My wife is saying she is ready to convert 13a to 13b but will file for quash of 498a in high court only after getting divorce on 2nd motion. Is it safe. If she do not file for quash after this can i get it quashed on my own based on mcd decre.What are the implications for me.
Asked 1 year ago in Family Law from Kurukshetra, Haryana
Religion: Hindu
1)the consent terms should contain a clause that wife will with draw all cases filed by her . 

2) for 498A to be quashed both parties should move HC for quashing on basis of the settlement arrived at between the parties . 

3) on conversion application being allowed by court both parties should move HC for quashing . 

4) if after obtaining divorce your wife does not agree for quashing court can on basis of settlement arrived at between the parties quash the 498A case  

Ajay Sethi
Advocate, Mumbai
27408 Answers
1490 Consultations
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Hello,
1) In fact as you file for divorce on mutual consent there is an undertaking that there are no cases civil or criminal existing in any other courts.Therefore ideally you both should jointly move High Court on basis of the consent for divorce to get the 498A case quashed.

2) Now if the wife's backing out after obtaining divorce you can move a quash petition yourself citing the mutual consent petition and the decree as that would prove that the 498A case has already been compromised.

3) Therefore it is advisable to proceed with the mutual consent divorce petition as you have the alternative to file for quashing all by yourself in case your wife back tracks.
S J Mathew
Advocate, Mumbai
1987 Answers
80 Consultations
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If she categorically undertakes to cooperate in quashing after getting divorce then the high court Will quash the proceeding even if she doesn't come forward for the same. 
So you can go ahead though quashing before divorce is preferable.
Devajyoti Barman
Advocate, Kolkata
6921 Answers
78 Consultations
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It is not safe as your wife may refuse to honour her promise after getting mutual divorce, in which event you will be left to fend for yourself. It will be difficult to have it quashed in unilateral proceedings.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
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Whether or not, it is you who has got file a petition under section 482 cr.p.c. for quashing the case filed under section 498a IPC.  She will be sent a notice by the court to seek her opinion or objection to it.  She may, on an affidavit state that owing to the out of compromise as well as the divorce through MCD, she is not pressing her complaint for which the petitioner has approached this Honorable court seeking the relief of quash.   This is one step, another step is to ask her to become hostile witness by filing a memo of compromise before the trial court and the court after hearing IO shall dispose the case as either dismissed or acquitted. The latter one may be bit comfortable, you can opt either of it. 
Well about going for quash after 2nd motion depends on the reliability of her version, you can decide based on the history of events took place between you two so far.
T Kalaiselvan
Advocate, Vellore
17550 Answers
166 Consultations
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Get a settlement executed mentioning all the terms and if she fails to file quashing then you can do that where she will appear on court notice.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
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Yes, it is safe, without completion of second motion, the High court will not pass an quashed order.

if she is not going to quash the FIR then you may raise a voice before the court if the matter had settled before mediation or if the matter had settled through MOU.

on the terms and condition of settlement the divorce will be completed and if she will not follow the same then the divorce can be dismissed and declare null and void.

Feel Free to Call  
Nadeem Qureshi
Advocate, New Delhi
3814 Answers
151 Consultations
4.9 on 5.0
Not she ,you need to file for quashing because charges are against you.

A Supreme Court bench of Justice K.S.Radhakrishnan and Justice A.K.Sikri has issued fresh guidelines on quashing of criminal proceeding of a non-compoundable offence by using the inherent powers of High Court  under Section 482 of Criminal Procedure Code, on the basis of a settlement between the parties.

Kshitija Wadatkar Wankhede
Advocate, Greater Mumbai
29 Answers
8 Consultations
Not rated
OR you need to show that prima facie no case made against you.You need to file before police file charge sheet against you.
Kshitija Wadatkar Wankhede
Advocate, Greater Mumbai
29 Answers
8 Consultations
Not rated
Hi sir/madam, not necessary to quash the u/s498A case, your wife has given evidence as hostile witness before the criminal court and to acquittal from the said case. In mean while you have to move u/s13B MCD case and to get decree of divorce. It is the safer side of you. 
C. V. Jadhav
Advocate, Bangalore
267 Answers
4 Consultations
3.8 on 5.0
first File a petition for quashing the FIR - 498A along with the affidavit of wife on the basis of settlement .After that file a 13 B petition for Divorce. 
Ajay N S
Advocate, Ernakulam
2032 Answers
24 Consultations
5.0 on 5.0

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