File for divorce by Mutial consent 

2) consent terms should provide that x amount would be per as alimony in full and final settlement 

3) file for quashing of FIR on basis of settlement arrived at 

In this situation, the most practical course is to pursue early settlement and closure rather than a prolonged trial, even if the allegations are false. Since the 498A case is still at a preliminary stage, you need not worry about that, engage a local criminal lawyer in Eluru to attend the case, attend sessions before the CAW. At the same time, preserve all electronic evidence (WhatsApp chats, audio/video recordings) as this will be vital for defence and negotiations.

If settlement is possible, the legally accepted route is a comprehensive settlement culminating in (i) mutual consent divorce under Section 13B of the Hindu Marriage Act, and (ii) quashing of the 498A proceedings before the High Court. Courts routinely quash 498A cases on settlement despite their non-compoundable nature, provided the settlement clearly records withdrawal of allegations, no future claims, and cooperation in quashing.

Strategically, early settlement allows your brother to lawfully exit the marriage and remarry without long-term litigation risk. Do not make any payment unless it forms part of a court-recognised settlement, and insist that any amount is paid only after filing mutual consent divorce and at the quashing stage. Considering timelines and your brother’s age, a negotiated settlement with High Court quashing remains the fastest and safest solution.

Without dissolving his subsisting marriage by a decree of divorce, your brother cannot remarry, hence first let him file the divorce case on the grounds of cruelty and adultery, later on he can file a quash petition to quash the criminal case, until then he cannot remarry though he can be in live in relationship with a girl of his choice.

This is a gross misuse of law and justice . It is a fit case where even at FIR stage you can take your chance for quashing. 

If quashing is not allowed and if they do not agree for settlement then I regret finishing the cases will take time.

First think of getting rid of the case and then of marriage of your brother. 

Mutual divorce is the only solution. Ask them to settle in mediation.Hire an advocate who knows how to deal in mediation. 

1. All depends on whether the complainant is ready for settlement.
2. In case of settlement, if the complaint  is filed before 1st July 2024, you can approach High Court at Amravathi for compounding as the  offence is made compoundable under amendment of Criminal Procedure Code, 1973 in A.P.
3. If the complaint is after 1st July 24, you can file writ petition in High Court on the  ground that the  dispute is settled between complainant and accused enclosing affidavit of complainant.
4. In any case you have good defense through electronic evidence, you can try for quash in High Court.

Not AI generated answer. 

Based on the facts you have narrated, the situation is unfortunately a very common misuse pattern of Section 498A IPC, but it is also one where the law provides clear strategic options. I will address this practically, keeping both risk management and early closure in mind.

From what you describe, there are three important features in your favour:

(1) the wife voluntarily left the matrimonial home,

(2) her admission (before elders) that she did not want to continue the marriage, and

(3) contemporaneous electronic evidence (WhatsApp chats, recorded call, video) showing continuing relationship and lack of matrimonial intent.

These facts substantially weaken the prosecution’s case, even though an FIR has been registered.

At this stage, you broadly have two parallel tracks, and you can decide whether to pursue one or both depending on how quickly the other side becomes reasonable.

First, on settlement and closure.

If your primary objective is to end the matter quickly so that your brother can move on with his life, the fastest legally safe route is:

• explore a mutual settlement leading to quashing of the FIR under Section 482 CrPC (or the corresponding BNSS provision once fully operational).

Even in a 498A case, courts routinely quash proceedings when:

• parties have settled voluntarily,
• the wife states on oath that she has no objection to quashing, and
• all ancillary issues (streedhan, maintenance, return of articles, etc.) are resolved.

This does not require waiting until 2026. Quashing can be filed immediately after settlement, even before trial begins. The High Court does not insist on completion of trial where continuation would serve no purpose.

However, two cautions:

• Do not pay money merely out of fear. Any settlement amount (if at all) should be part of a written compromise deed, linked specifically to quashing.
• Payment, if agreed, should ideally be made at the stage of recording compromise before the High Court, or through a court-monitored mechanism.

Second, on defensive legal action if settlement fails.

If the wife’s side remains unreasonable or attempts extortion:

• you should seriously consider filing a quashing petition on merits based on abuse of process, even without settlement.
• Courts have repeatedly held that where the wife herself left the matrimonial home, refused cohabitation, and the allegations are omnibus against the entire family, continuation of proceedings is an abuse of law.

Additionally:

• You can seek exemption from personal appearance for family members at the trial court level.
• You can also move for discharge once charge-sheet is filed, relying on your electronic evidence.

Third, on electronic evidence.

Your WhatsApp chats, recorded calls, and videos are extremely important. Preserve them carefully:

• keep original devices,
• take backups,
• do not edit or forward excessively,
• later, if required, these can be certified under Section 65B of the Evidence Act.

Such evidence is frequently relied upon both in quashing proceedings and at trial.

Fourth, on your brother’s remarriage concern.

Legally, your brother cannot remarry until the marriage is dissolved. So parallel to criminal strategy, you should:

• consider filing a divorce petition (either mutual consent if she agrees, or contested on cruelty/desertion).
• Often, the pressure of a divorce proceeding makes the complainant more willing to settle the criminal case.

Once divorce is granted and the criminal case is quashed, there is no legal impediment to remarriage.

Fifth, on handling the 2026 hearing.

Do not be alarmed by the long date. Trial courts often give distant first dates. This does not prevent:

• filing quashing in High Court now,
• filing settlement applications,
• or seeking interim protection.

In fact, acting early strengthens your position rather than weakens it.

In summary:

• You are not in a weak position despite the FIR.
• Settlement with quashing is the fastest exit, but only on fair and documented terms.
• If settlement is not possible, quashing on merits is a realistic option given your evidence.
• Simultaneously plan divorce proceedings to avoid future complications.
• Do not delay action merely because the first hearing is in 2026.

Handled correctly, this matter can be resolved much earlier than you fear, and without sacrificing your family’s dignity or legal rights.If you wish to contact us, you may do so on https://qrco.de/syslaw

If she is ready for settlement then you can file joint quashing application before HC otherwise you can file contesting quashing petition and try your luck.you can also try to file discharge application ince chargesheet is filed 

A 498A case can be settled by mutual agreement, but it requires court approval since the offense is non-compoundable. The parties must draft a settlement agreement, which is then filed before the High Court for quashing the FIR. If your brother's wife agrees, you can settle amicably, get her consent affidavit, and file a petition for quashing. This allows your brother to remarry sooner and avoids a lengthy trial. Always consult a family lawyer for drafting and court procedures.

Given the complexities involved, a two-pronged approach is essential: vigorously defending the false 498A case while simultaneously seeking the legal dissolution of your brother's current marriage to enable his remarriage. Firstly, for the criminal case, you must engage a competent criminal lawyer immediately. The WhatsApp chats and the crucial video recording where she admits to infidelity and plans elopement are your primary defense evidence. These materials can strongly support your counter-argument that the 498A case is a retaliatory and baseless filing. Your lawyer can file for quashing the FIR if the evidence is compelling or seek anticipatory bail if arrest is a concern, while building a robust defense for trial.

Secondly, and critically for your brother's future, you must initiate legal proceedings for divorce on the grounds of adultery and cruelty. The evidence you have is directly relevant for filing a divorce petition under the Hindu Marriage Act (assuming the parties are Hindu). A court decree of divorce is a mandatory prerequisite for any lawful remarriage. Concurrently, you can explore filing a restitution of conjugal rights petition by your brother, which, given her recorded refusal to cohabit, she is likely to contest or not comply with, further strengthening your divorce case. While the criminal case may be prolonged, the divorce proceedings can potentially be resolved faster, especially with clear evidence. Do not consider any remarriage until a formal divorce decree is obtained, as that would amount to bigamy, a punishable offense. Therefore, prioritize securing the divorce legally through the court, using the evidence you have meticulously preserved, while your criminal lawyer fights the false allegations. This parallel legal strategy is the most prudent path forward.

Apply for and obtain anticipatory bail from session court 

2) once you obtain AB they may come for settlement 

3) file consent terms in HC approach HC for quashing of FIR based on settlement 

4) quashing won’t take more than a month if settlement is arrived at 

5) mutual consent divorce tajes 6 months 

6) if husband has no income or assets wife will get nominal maintenance 

7) have a discreet affair .no live in relationship 

1. Compelling Negotiation
Request court-annexed mediation/Lok Adalat or file strong quashing petition in High Court with your evidence—this judicial pressure often brings opposing party to reasonable negotiation.​

2. Post-Settlement Steps

• Draft Settlement Deed with all terms

• Get notarized consent affidavits from both parties

• File joint quashing petition (Section 482 CrPC/528 BNSS) in AP High Court​

• File mutual consent divorce under Section 13B simultaneously​

3. Timeline
498A quashing: 6 months to 2 years. Mutual divorce: 6-18 months (includes 6-month cooling period, though sometimes waived).​

4. Maintenance Liability
Courts assess both parties' financial capacity. Your brother having no independent income/assets means minimal or nil maintenance obligation. Wife leaving home and filing false case further weakens her maintenance claim. Your evidence strengthens your position significantly.​

5. Live-in Relationship - STRONGLY AVOID
This will severely damage your case. Recent rulings show 498A can apply to live-in relationships. It will be seen as adultery/desertion, destroy settlement negotiations, and complicate divorce. Wait until divorce is finalized before any new relationship.​

Key Strategy: Use your strong evidence (WhatsApp chats, video) to file aggressive quashing petition while simultaneously proposing court-mediated settlement at reasonable amount. This dual approach creates pressure for faster resolution.

1. You can file a petition before Lok Adalat to direct them for reconciliation and amicable settlement on compromise basis, if it doesn't work then you may involve elders from both the sides for an out of court settlement.

2. You can enter into a MOU with the terms for settlement clearly drafted and accepted by both sides.

3. If both parties arrive at a mutual settlement agreement then the quash petition can be disposed within one or two hearings.

After that you can apply for mutual consent divorce and get it disposed within a month by filing a joint petition to waive the waiting period of six months.

4. If there's no source of income for your brother then the court may pass an order for minimum quantum of maintenance.

5. Live in relationship before divorce is not an offence anymore hence there's no legal implications on that count.

He can be in live in relationship. The child born will have rights in property. Definite time for quashing varies and can’t be said