498a
5 years ago
I HAVE FILED 498A AGAINST MY HUSBAND & HIS FAMILY, 3 MONTHS AGO, POLICE INVESTIGATION IS ALSO COMPLETE, BUT CHARGESHEET IS NOT FILE. BUT NOW HE WANTS A COMPROMISE SO WE HAVE DECIDE TO SUBMIT AN AGREEMENT SIGNED BY BOTH IN POLICE STATION TO CLOSE THE FIR. IS IT THE RIGHT WAY?
IF POLICE SUBMIT "FR" THEN ALL THE FUTURE WAYS ARE CLOSED FOR ME IF MY HUSBAND TORTURES ME AGAIN?
CAN POLICE FILE 182 AGAINST ME?
PLEASE REPLY AS SOON AS POSSIBLE
GANESH SHARMA
Responded 5 years ago
A.Only compromise quashing can be done before Hon'ble High Court. Dont Sign on any document and statement.
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ROBERT D ROZARIO
Responded 5 years ago
A.Criminal proceeding u/s 498A IPC is not compoundable offence non-bailable and cognizable and it is considered to be a serious crime, not just against the woman but also against the whole society. If both the parties have come to a compromise then either (i) file a joint petition in Magistrate Court by supportive affidavit, or (ii) file a petition under section 482 of Criminal Procedure Code, 1973, before the High Court that the parties want to withdraw the Section 498A case, and wish to settle the matter amicably.
Don't go to the police station for any compromise. It might be a trick and foul play. Better get it compounded from the High Court for your own safety.
Don't go to the police station for any compromise. It might be a trick and foul play. Better get it compounded from the High Court for your own safety.
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Kalyanraopeddireddi PEDDIREDDI
Responded 5 years ago
A.Madam, if Charge-sheet is not filed within 90 days the accused is entitled to bail and you can file an application before the Judicial Magistrate. Whether your Agreement signed by both parties is filed before the Hon'ble Magistrate or not is not known since order to be passed by the Judicial Magistrate. If in future your husband tortures you again you can as well file an apllication before the Judicial Magistrate of competent Court .
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A.Dear Madam,
If chargsheet is not filed then you can be nice to police and get file closure report otherwise your husband has to file quashing petition before High court to quash chargsheet.
If chargsheet is not filed then you can be nice to police and get file closure report otherwise your husband has to file quashing petition before High court to quash chargsheet.
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Ashish K Dongre
Responded 5 years ago
A.File a petition in High court for quashing FIR.
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Adv Shrikiran B
Responded 5 years ago
A.Madam,
You have to append the said compromise agreement along with the quash petition that your husband has to file in the High Court. An affidavit of yours should accompany the quash petition wherein you have to say that in view of the compromise arrived at between you and your husband, you want to withdraw from the FIR. The High Court will quash the FIR accordingly. However, after quashing of the FIR, if your husband tortures you again and subject you to cruelty, you can again file a complaint against him pursuant to which, the police will register an FIR under relevant sections against you husband.
You have to append the said compromise agreement along with the quash petition that your husband has to file in the High Court. An affidavit of yours should accompany the quash petition wherein you have to say that in view of the compromise arrived at between you and your husband, you want to withdraw from the FIR. The High Court will quash the FIR accordingly. However, after quashing of the FIR, if your husband tortures you again and subject you to cruelty, you can again file a complaint against him pursuant to which, the police will register an FIR under relevant sections against you husband.
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Nirmal Chopra
Responded 5 years ago
A.Once FIR has been registered police cannot accept compromise and close the case.It is beyond jurisdiction of the police. Moreover offences in your case are non compoundable .So file a petition in high court for quashing of FIR.
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prasad
Responded 5 years ago
A.dear client u both have to file petition in High Court for Quashing of F I R. for any legal help call me
Adv Prasad Patil
Pune
Adv Prasad Patil
Pune
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Deepak Yashwantrao Bade
Responded 5 years ago
A.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 compromise agreement. Your should make an affidavit affirming that you had lodged the said complaint out of rage which you has withdrawn. you should also depose the Court by procedure. The Court will then decide to quash the FIR but Quashing the FIR may take 2 to 3 months.sec 182 of ipc is for false complaint. read this "“Whenever any information is given to the authorities and when the said authority found that the averments made in the complaint were false, it is for the said authority to initiate action under Section 182 I.P.C" . you should be exonerate your all marriage relations with husband with due respect.
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