Legal Question in Criminal Law in India
my brother is employed in US has two children, his wife lodged 498a in 2008 aug and after that she lodged divorcee in family court in december 2008, then recenly she requested my parents for khula, in turn she would withdraw all pending cases, she gave all in writing in 100Rs bond paper, as my brother from US he sent power of attorney to my father , my father signed khula with condition that she will withdraw all cases, she has no demands of maintenance or property. she says now that till my brother comes back she could not withdraw the case as it is compoundable. we confused, will this bond sheet works in court if on my brothers arrival if she try to create any further problems. can we show this in court that she promised in 100 rs bond.
3 Answers from Attorneys
the quashing of 498a can be done by the high court and the power of attorney of your brother is sufficient. the person who is appointed as an attorney may file the relevant affidavit in the high court for quashing the complaint u/s 498a.
Complaint of offence U/s.498A can not be withdrawn or compounded.
The offence U/s.498A can not be compounded. THe relevant complaint can be quashed through the intervention of HC only
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