regarding cancellation it has to be decided mutually as both the parties has go for cancellation of FIR.it is to be decided by both of you
Divorce settlement
We hv got thru the settlement of the case 498 thru mediator n agreement is alsi signed by both parties n alimony is decided around 5 lacs for full settlement. N my question is who should get the fir cancelled us or bride, fir was lodged by bride. N how we should get the divorce deed? N rest of d formalities done. Our lawyer has asked for 10000 to get the fir cancancelled from high court so that he can file a new case there to get fir cancelled. Kindly suggest me pls... Regards Leena Bridegroom' sister
Asked 10 years ago in Family Law
Religion: Hindu
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13 Answers
Was there a clause in the settlement agreement regarding the withdrawal of cases by either side? Has the settlement been recorded by the court and decree passed in view thereof? Presuming the settlement is silent on the issue, you can present a certified copy of the settlement and ask the police to close the case. you may also ask your wife to do so since she lodged the FIR. both of you can file a divorce petition u/s 13-B of the Hindu marriage act based on mutual consent.
you have to move high court under section 482 of Cr Pc for quashing FIR . you can enclose copy of settlement arrived at between parties .
both of you can file for divorce under section 13-B of HMA . please note that payment of Rs 5 lakhs should be made on at time of second motion .
For FIR can't be withdrawn as not compoundable and you have to file 482 for quashing FIR.
Mr ajay sethi n mr. Pradeep bharathipura It is our responsibility to go to high court for filing the case or of both the parties? N how much is d fees for that process?
Asked 10 years ago
you have to move HC for quashing since FIR is filed against you . fees vary . ask your local lawyer
You can file Divorce Suit on Mutual consent and you should mention of Rs.5 lakhs as one time alimony in the petition and paid at the time of final hearing by way of Bank Draft.A case u/sec.498a IPC is not compoundable offence,so once case is lodge then you need not go to the High Court.in this situation your wife can file a compromise petition supported by an Affidavit and you can file a certified copy of information about the divorce suit in the Court where the case is pending.
Has bride specifically stated in the memorandum of understanding that she is willing and prepared to withdraw the 498a case? If yes, then FIR can be got quashed from High Court. You are required to move HC for quashing of FIR as FIR has been lodged against you and not her.
If you want divorce then file a joint divorce on the basis of mutual consent if she has agreed to withdraw 498a. The fee of lawyers is not uniform.
This issue should be resolved at the time of settlement, the main duty is upon the accused to file the quashing petition before HC. fee is depend on advocate..
Because 498/A is not compoundable therefore you have to move High Court.
Kindly refer to BS Joshis' case. Compromise between the parties can be a basis for withdrawal of the FIR u/s 498-A even if it not compoundable.
the SC has held in several cases, that during mediation, the parties can either decide to part company on mutually agreed terms or they may decide to patch up and stay together. In either case, for the settlement to come through, the complaint u/s 498A will have to be quashed. In that event, they can approach the high court and get the complaint quashed. If, however, they choose not to settle, they can proceed with the complaint.
you may file divorce through mutual consent & in that withdrawal condition can mentioned & case could be withdrawn before 2nd motion
U can quash fir through HC. Fees u can talk to your advocate.
