• Quashing of FIR US 498A after Divorce with Mutual Consent

My divorce came through based on mutual consent.

The consent terms were signed on 09/11/2012 and inter-alia included:

1. Respondent shall not claim any maintenance for herself now and in future.

2. No pending exchange of articles

3. Respondent shall not proceed with 498A case

4. No pending dues or claims whatsoever

The family court order of divorce came through on 15/07/2013 because the respondent kept on delaying the withdrawal of 498 A case. The order again mentioned the withdrawal of case under 498 A as a term for awarding divorce.

The respondent did not appear in 498 A case for 2 hearings and thus delayed the future course of action from my side. And then on one date gave her statement in the court,i.e. proceeded with the 498 A. My lawyer advised me to go ahead and apply for quashing of FIR in the said case based on the terms of divorce that has not been contested by the respondent.

Questions:

1. Are the consent terms a good enough ground for quashing of FIR, especially if they have not been contested or appealed against?

2. Suggest some excellent lawyers in Mumbai HC for the same

Thanks for the help in advance.
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
you can file petition for quashing of 498A based on consent terms filed in court  for divorce by mutual consent .
Ajay Sethi
Advocate, Mumbai
27321 Answers
1486 Consultations
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Based on consent terms for divorce by mutual consent file petition for quashing of 498A in court.  We have quite a good number of lawyers in this panel from Mumbai and you can contact any one of them.
Shashidhar S. Sastry
Advocate, Bangalore
1301 Answers
71 Consultations
5.0 on 5.0
You may contact Mr.Ajay Sethi who practices in Bombay High Court. He is a highly regarded lawyer and member of this site.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0
1. Consent term to withdraw the complaint filed  u/s498A is enough for getting the said FIR quashed by filing a petition before the High Court,

2. Contact Mr. Ajay Sethi, our fellow expert, to take his guidance & service.
Krishna Kishore Ganguly
Advocate, Kolkata
13579 Answers
291 Consultations
5.0 on 5.0

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