File petition in HC for quashing  of FIR on the basis of settlement arrived at with ex-wife

enclose the khula Nama  to the petition,

If your friends wife has made the Khula/MCD, then kindly submit MCD's MoU document papers in the High court and take the order from the High Court to with draw  498A case. No need to talk with her if you friend has MCD documents order given by court.

Khula is a legally valid mode of dissolution of marriage under Muslim personal law.

If the couple wants to remarry then they may have to get married to a third person, get divorced and then they may be able to get remarried if they want to do so.

A Muslim male marrying another Muslim female during the existence of marriage is not considered as bigamy. 

The criminal complaint under section 498a cannot be withdrawn by the defacto complainant.  Instead the accused can file a petition before high court under section 482 c.p.c. to quash the same on the basis of Khula and the conditions reduced to writing thereto. 

The husband can remarry another female even now there is no legal barrier 

After the dissolution of marriage no case udner section 498A IPC can be initiated and if that is then it is a fit case where a case for quashing can be filed.

If the previous marriage was not registered then this person professing Muslim religion can marry again, even if the previous marriage is not dissolved. 

Legal Actions to Address the Pending 498A Case:

1. Quash Petition under Section 482 CrPC:

   • File a quash petition in the High Court for the 498A case, citing:

     • The Khula agreement where she agreed to withdraw the case.
     • Proof of monetary settlement and no further claims from her end.
     • Misuse of the legal process to harass your friend post-divorce.

   • Highlight her unreasonable demand for bigamy as coercion.

2. Use of Supreme Court Precedents:

   • Leverage judgments where courts have quashed 498A cases filed maliciously or after settlement, e.g., Narinder Singh v. State of Punjab.

3. Counter Legal Steps:

   • 
     File a Criminal Case for Breach of Agreement:

     • Under Section 420 IPC (Cheating) for violating the mutual agreement.
     • Seek damages for mental harassment due to her false allegations and failure to honor the agreement.

   • 
     Perjury (Section 340 CrPC):

     • If she has provided false information in her 498A case, your friend can initiate perjury proceedings.

4. Police Mediation or Legal Representation:

   • Engage with local police to mediate and request a statement from her for withdrawing the 498A case based on the Khula agreement.
   • Appoint a lawyer to ensure strong representation in the 498A proceedings.

5. Document Everything:

   • Preserve evidence of her demands for bigamy, coercive threats, and failure to adhere to the settlement terms.
   • This strengthens the case for quashing or taking counteraction.

6. No Legal Basis for Bigamy Demand:

   • Bigamy is prohibited under Indian law (Section 494 IPC). Her demand lacks any legal validity and should be addressed strongly in court.

Key Advice:

• Act swiftly to file the quash petition in the High Court before the trial begins.
• Ensure all documentation (Khula agreement, monetary settlement proof, her communications) is compiled for legal proceedings.
• Consult an experienced criminal lawyer to expedite the quashing process.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. If you could spare two minutes to write a review, it would be greatly appreciated.
Thank you. Shubham Goyal.

Your friend needs to seek decree from family court for the said Khula. After that he can marry another girl. He can go for quashing of 498A case in High court

Complaint  cannot be forced to withdraw 498A case. You need to contest the  case on merit.

- If has received the amount at the time of Khula  with the promise of withdraw her filed cases , then she cannot deny for  the same .

- Your friend should move an application with the Khula documents before the same Court where the trial of 498A is going on.

- Further , if magistrate Court not allowed that application then file a petition before the High Court for the quash of the FIR.  

- You friend can file a declaration suit before the family court for getting divorce decree ,  

Dear Client,

As per the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita, 2023, your friend has the right to seek a legal redressal through which the issue can be solved correctly. He may file a petition under Section 210 of BNSS in the High Court quashing the pending 498A case along with providing evidence of the khula agreement wherein his former wife had agreed to withdraw the case. If she continues demanding bigamy or reconciliation even after the mutual divorce, then her actions can be challenged under Section 303 of the BNS for coercion or harassment, and your friend can file a complaint against her. Moreover, failure to withdraw the case 498A after having received the settlement amount is also a breach of agreement. Section 114 of BNSS has provisions for such abuses of the legal process being brought before the court's notice. It is quite important that your friend hire an attorney who can expedite the solution so that this matter may be solved legally and with finality in the interests of your friend.

Hope that this helps you to solve your problem.