Since your wife has agreed for an divorce by mutual consent you dont need to obtain AB

2) in case you desire you can apply for AB and rely upon MCD filed by you and your wife

3) court would grant you AB in view of settlement arrived at

4) you can file petition in HC for quashing . it should not take more than 6 months .

5) litigation fees vary depending upon lawyer engaged by you

1. It is not clear as to how your MCD petition was sent for mediation since as per law MCD petition is not sent for any mediation and is disposed off after about 6 & 1/2 months from the date of its filing. However, all the accused should avail accused and the police should be asked to file charge sheet since without charge sheet been filed, High Court will not entertain Quash Petition.

2. & 3. By taking AB or Bail, FIR is not settled, arrest is avoided. You should attempt to Quash the FIR from the High Court since FIR filed u/s498A of IPC is not compoundable i.e. can not be with drawn by the complainant.

4. FIR is not settled, it is tried by the trail court and after completion of the hearing judgment is passed.

5. Your best option herein is to file a petition u/s482 of Cr.P.C. before the High Court for quashing the said FIR based on the MCD and he compromise agreement you wo have arrived at. Your wife should make an affidavit affirming that she had lodged the said complaint out of rage which she has withdrawn. She should also depose the Court if asked for, in your favour. The Court will then decide to quash the FIR.

6. Quashing the FIR may take 2 to 3 months and it will cost you around Rs.40,000/-.

Dear Querist

My opinion on your queries are as under:

1. Should I go for AB or ask police to file chargesheet and go for normal bail, can normal bail be granted the same day based on the MCD?

Opinion: Quashing will be better, forget about bail or AB.

2. What is the sequence that will have to be followed in case I take AB to get the FIR settled?

Opinion: If matter has been settled then immediately file quashing petition based on Settlement U/s 482 of Cr.P.C.

3. What is the sequence that will have to be followed in case I take normal bail to get the FIR settled?

Opinion: As Above

4. How long will it typically take to get the FIR settled?

Opinion: More then years because FIR can not be settled, at the stage of prosecution evidence, the complainant will have to hostile then only you can get an acquittal order.

5. What are the options for quashing? And how long will it take to quash the FIR. (I have heard that quashing will cost a lot of money as it is with high court is that true and how much can it cost?)

Opinion: File Quashing based on settlement before High Court U/s482 of Cr.P.C. along with a copy of settlement and FIR.

The cost is depend on the lawyer, It may 25K or may be 25 Lacs, its totally depend on lawyer of your choice.

Feel Free to Call

You don't need bail in view of settlement arrived at

2) apply for quashing before HC at earliest

1. Factually speaking, you need not take any AB since the matter has been mutually settled by you and your wife and you two have filed a MCD petition.

2. However, as per law, there is a non bailable FIR standing against you for which police may arrest you if they show in their investigation that there is a prima facie evidence in support of the complaint lodged by your wife.

3. Ideally, you should avail AB to be safe in the matter.

4. Quash petition will be entertained by most of the High Courts only after Charge Sheet is filed by the police.

5. So, arrange to get the charge sheet filed by the police and also the affidavit from your wife as advised in my earlier post and file the Quash Petition before the High Court.

AB is advisable

Quashing is filed in high court only and in no other court.

On the basis of affidavit you should easily get bail. You can apply for surrender bail also.

1. Obtain AB as a matter of caution lest some mischief is played. For regular bail you will have to surrender before the court, which is not advisable. If you do not apply for and obtain AB then a surprise arrest may take place.

2. Filing of AB does not preclude you and your spouse from going ahead with your mutual consent divorce petition.

3. Both of you may apply for FIR quashing if mutual consent divorce materialises. It may not take more than 2 weeks for the FIR to be quashed then.

4. The expenses will be the fee of your lawyer which I cannot foretell.

1. If the police is not willing to arrest based on the situation then you need not take AB or even regular bail.

2. The question of bail wont arise if the compromise peace talks have been concluded.

3. The above answer suits this too.

4. The FIR will not be settled. The defacto complainant can turn hostile before the court on the basis of compromise and MCD after which the court will acquit or dismiss the case.

5. The quash petition can be filed before high court only hence allow the charge sheet to be submitted before court and ask her to turn hostile to the complaint during trial, then the case shall be disposed immediately.

Thank you all, the only quotation that I have now is do I need bail at all?? either AB or regular?? or I can directly file for quashing in high court along with affidavit from my wife of no longer having any complaints and submit the copy of the same in police station? Please clarify on the bail aspect so I can proceed accordingly.

Thank you all for your honesty advice and guidance much appreciated. ????

If the police is convinced about the ongoing peace process, then they may not make any arrest, hence bail or AB may not become a necessity.

Hence you can proceed with the quash petition as proposed by you.