Legal Question in Criminal Law in India

Hello, Dear sir,

Myself working in a private company in India and my wife charged me under IPC 498a. After that I was arrested by police and next day I alongwith my family members got bail from a trial court. In a next round, after lot of negotiations i got ready to pay huge amount of money to my wife and as a part of mutual understanding we filed a divorce application in the court. Now before few days we got divorce from court and that is finished. But case for 498a is still pending against me. We have jointly decided to close out this case and my wife and her family members told they will cooperate to wind up this case. Now actual situation as per my lawyer is that chargesheet is filed and case on board of trial court. Pl. Advise me following in this regard.

1, if my wife and her family members cooperate to close this case how much time will it take to finalise. And what further proceedings will take place.

2, can she appeal in high court after case closes in favour of me.

3, another point is that my wife had stolen and destroyed my passport while she was staying with me. I want to get passport again. As i am staying at the same place where she has filed police complain against me. Can i get passport with police varification now or i have to wait until judgement of 498a in favour of me.

Pl. Advise.


Asked on 1/16/11, 9:56 pm

1 Answer from Attorneys
NIKHIL CHAUDHARI KHAITAN & JAYAKAR

Hello

1. 498a is a non compoundable offence, so a Magistrate Court cannot compound or has no power to compound any non compoundable offence. You have to approach the High Court for Quashing of the Criminal case and both parties have to file a consent terms before the High Court and then the High Court shall quash the aforesaid case. This will take 1 week to 4 weeks.

2. Once the consent terms are filed before the High Court and High Court Quash the case, then she cannot appeal again unless the terms are not fulfilled, as per the consent terms.

3. Once the criminal case is quash then you won't have any problem in getting your passport back.

Adv. NIKHIL CHAUDHARI

09773114567

Read more
Answered on 1/18/11, 8:34 pm


Related Questions & Answers

More Criminal Law questions and answers in India