- This topic has 30 replies, 14 voices, and was last updated 1 year, 4 months ago by
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UFalse accusement like 498A or domestic violence etc helps girls to demand money. You asked, so I replied. Otherwise, it’s a widely known fact that girls misuse Indian law to extort money.
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UI assumed you only made a down vote to my answer as you are female so can’t handle widely known truth openly.
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Ubruh wtf? I am a lawyer and this question matters a lot. And I ain’t downvote any one’s answer let alone yours little boiii
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UWell if you are lawyer.. then you must be well aware of these practices .. why false 498A is lodged. If you are not aware of this … then I can’t argue anymore.
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UIt was a simple question. What she/he was asking was whether there was any merit to her contention in which case since it is also a crime against society as with all criminal cases, the court need not entertain quashing the case purely based on your divorce decree. In case it was purely retaliatory and no evidences exist then you’ll have an easy time with it.
Believe it or not, not all 498A cases are lodged to get fatter compensations in divorce.
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UThanks for bringing this dimension in my knowledge. If it is a false case or genuine case, once we agreed to withdraw alongside full n final divorce so both parties need to abide the agreement. Now only point remain valid is, what to do if one party is not following the agreement. Hope i am making sense.
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UYes. But you do realise that an agreement between two private parties has no bearing on the court’s ability to pursue a criminal charge. Like i said, a criminal case is a crime against society inasmuch as it is a crime against a private party. That’s why even most recently SC ruled that settlements cannot be entertained in rape cases. Hope i am making sense.
Also my point was that the original commentor was asking you are reasonable question but you interpreted it in a confrontational manner due to trauma. Your pain is well understood but not every woman is out to get you. Some enquiries are just to get the facts straight so that we can come to a reasonable assumption.
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UMy question started with a clear establishment that both parties made an agreement before entering into a mutual divorce to get cases withdrawn that were lodged against each other, if any. Now, if one party decided not to follow the agreement, I wanted to know the next way out.
Any question why the cases were filed, why marriage took place in the first place, why divorce happened or so … doesn’t add any value to the next step once the agreement is made. Hope I didn’t miss the logic. My sympathy is with you too that you had to take out extra time from your busy schedule to think about what others might be thinking. Kudos !
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UThe thing is I took mutual divorce just to avoid legal cycle.. but seems like you are right i need to gather courage again to put efforts money time to come out of it completely.
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I1. Send a legal notice to her to comply with the terms.
2. If no avail, then move a contempt petition against her in high court for breaching of undertaking.
3. Simultaneously, file a quashing petition in high court. Even if she doesn’t cooperate, you have a good case.-
U1. Legal notice that she simply ignored like any other my calls or message to withdraw criminal cases.
2. I am yet to file a petition.
3. I have initiated a quashing petition but my advocate says as per trend despite having agreement court wants girl statement before removing criminal case. What’s your opinion in this.-
IYour lawyer is right. Court would want her statement which will prolong the quashing case. But you need to show that she agreed to it before and she has to give a legally valid reason in the court why she isn’t cooperating. High court will issue notice to her as respondent no. 2 and she will have to appear. If she doesn’t appear, you will have a higher chance to get it quashed.
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UMutual divorce with decree of a court right ? There is a difference.. there has to be a decree of the court declaring your divorce. Further, your mutual divorce agreement/terms conditions/ papers must include that she will withdraw cases filed against you. If these two conditions are fulfilled, proceed to file quashing of FIR before High Court, however since you have already filed for quashing and stay is granted by HC.. session court/ trial court cannot dispose of the criminal case. Move your Quashing of FIR before HC and file a short affidavit stating that you have obtained mutual divorce and since one of the terms of mutual divorce was to withdraw the cases pending before other courts.. present quashing of FIR proceedings needs to be disposed of. (HC will question your wife to verify the details btw). Once HC vacates the stay, you can file pursis before the Trial court to dispose of the criminal case.
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UFor quashing by consent.. it is the consent of opposing party/ Respondent/ ex-wife in your case which matters. Like consent is between two people. She’s consenting that she has obtained divorce and she agrees to terms and conditions. Hence, she’s consenting to quashing the FIR filed against you.
Tbh..it’s not way too complicated.. just get a good advocate and this can be done within a few months.
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PDoes your settlement agreement state that all the cases are withdrawn or will be withdrawn within a certain time period? If you have already stated that all the issues are settled and signed the agreement, you cannot go for an execution petition. However, the clauses in the settlement agreement may have to be looked into see if there is any loophole.
Ideally you should have closed all the lose ends before closing the divorce case. Your advocate should have been on this and had advised you in the right direction.
Hence, it is very important to engage an advocate who works with integrity and has profound knowledge in the field and practices.
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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