Wife refusing to cooperate after signing MOU

Dear Sir,

Yes, there is a strong likelihood that the FIR against the husband will also be quashed, despite the wife filing objections, provided the settlement/MOU is on record and partly acted upon.

Now let me explain why, and also what you must do next to protect yourself.

Dear Client,
An FIR/complaint under Section 498A IPC (Section 85 of the Bharatiya Nyaya Sanhita(BNS)) is a cognizable, non-bailable, and non-compoundable offense that criminalises cruelty against a married woman by her husband or his relatives and punishes the accused with a penalty of up to three years of imprisonment and a fine meaning it cannot be settled by a mutual agreement between the parties. So, wife shall have to execute an affidavit affirming that she had lodged the said police complaint against you out of domestic rage and has now settled all her disputes with you. Since, the offence is non-compoundable, settlements reached between parties cannot be legally recorded to close the case. After affirming the said affidavit sworn by your wife, you can approach the High Court u/s 482 of Cr PC(Section 528 of the BNSS) for quashing of the FIR or the criminal proceedings initiated under Section 498A of IPC. It is essential to prove to the court that the FIR was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. Section 482 Cr. PC grants inherent powers to the High Courts to ensure the administration of justice and allows courts to quash criminal proceedings that are an abuse of the process of law, particularly when the allegations do not constitute an offense on their face of record or are found insufficient grounds. Recently, in the case of Rajesh Chaddha v. State of Uttar Pradesh, 2025 SCC OnLine SC 1094, decided on 13-05-2025, the Hon'ble Supreme Court acquits husband in 498A IPC Case and expresses concern over misuse of dowry and cruelty provisions of the law. The Court observed that this practice of misuse of law undermines the credibility of the allegations and vitiates the core intent of these protective provisions. Further, an application for the quashing of an FIR or criminal proceedings can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR or criminal proceedings initiated under Section 498A IPC. So, given the proposition of relevant law and the averments of the Apex Court, it is recommended to consult with a Senior Advocate specializing in matrimonial suits for tailored advice and steps to navigate the issue effectively.