My wife filed false FIR on me under 498 and domestic violence for whatsoever reason 2 years ago. Six months ago..she came forward to close the FIR and agreed for mutual consent divorce. We both signed a legal agreement mentioning the FIR closure and agreement for mutual consent for divorce , with the condition that I have to settle her a property as permanent alimony as gift deed and the property details too mentioned on the agreement. We both signed the same in front of the mediator family court, and filed the same in court by July 2016 .in addition to this agreement, we submitted our divorce paper in family court by July 2016. It's now that my lawyer and her lawyer asked us to sign in front of high court attorney. As per lawyer, they say that this is required as part of closure of FIR and divorce proceedings.
This is in Bangalore court. My question is, is this the correct formality of FIR closure? Does signing the agreement now delay my divorce. I'm supposed to get divorce paper in mid of January 2017...as per the date given to us when we filed mutual divorce in July 2016. Kindly clarify, sir
Asked in Criminal Law from Chennai, Tamil Nadu
Your lawyer must have filed petition for quashing of FIR in HC on basis of settlement arrived at between parties . Hence asking you to come to HC
2) it would not delay your divorce and you would get divorce in January 2017
If the FIR is to be got quashed from the HC then both the parties i.e complainant and accused have to apply to the HC for quashing along with a copy of the MOU filed in the trial court. The agreement has to be signed and only then the HC will quash the FIR. It shall have no bearing though on the divorce petition pending in the trial court.
The FIR canot be closed as per her fancies and whims.
There is a procedure to be followed for this.
You would have to file a petition under section 482 cr.p.c. seeking to quash the FIR/charge sheet pending before the trial court.
In that she has to file an affidavit she has no objection to this petition seeking to quash the FIR owing to the mutually consent divorce and the agreement thereon confirming out of court settlement etc.
The high court will then quash the FIR which is called as closure.
This has nothing to do with the ongoing Mutual consent divorce process.
Dear Sir. Thanks all for replies. Actually my lawyer called me to sign the agreement regarding the terms and conditions for mutual divorce settlement, such as return of jewellery, giving property to her as gift deed, and closure of FIR. He did not file petition for quashing the FIR yet. My next date for FIR is in last week of December 2016. My divorce case date is mid of Jan 2017. My lawyer told me that filing petition for quashing FIR could be done only after divorce is granted by Jan mid 2017. If we don't apply petition for quashing FIR, does it get closed automatically after divorce has been granted?
Asked 5 months ago
1) you can file for quashing after entering into consent terms with wife
2) it is not necessary that you file for quashing after grant of divorce
3) your 498A case does not end merely because divorce is granted
The information you have been given about this is incorrect.
The quash petition can be filed even now based on the mutual consent divorce and the respondent/wife giving an affidavit before high court stating that she has no objection to the quash petition.
Please be aware that though the compromise settlement is progressing, both the cases are different to each other hence it would be better that you get the FIR quashed first
1. Your lawyer is right as you have to wait till the divorce decree is passed if you are to apply for quashing of FIR.
2. The proceedings which have emanated from the FIR will not automatically cease to exist on the passing of the divorce decree.