Legal Question in Criminal Law in India

I have filed 498a3&4 dp along with dvc & mc .my husband has filed op seeking divorce along with 465, 467,468 ,471r/w34 120b etc on me & 3 of our family members saying that we have forged a letter given by them at the time of marrage about abtaining dowry . later bouth of us came to an understanding and executed a memorandum of understanding to withdraw all cases on each other and seek divorce in op, after giving divorce & withdrawing dvc according to the mou, they are not attending to the court. so 498a on them & 465 to 471 120b r/w34 on us are pending now is the mou is value for us to compound the effences on us please let me know what to do thanks ®ards


Asked on 11/11/12, 2:16 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

If that very MOU was used for Divorce and for withdrawing the DVC, then surely that MOU is still valid for the purpose of quashing and not compounding the offences. In my opinion either you or husband or both jointly may file a petition before the High court for quashing of the two FIRs, one yours under 498A and theirs under 465 to 471 incorporating the factum of MOU and the certified copies of the divorce and certified copy of withdrawal of DVC on the basis of MOU.

good Luck

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Answered on 11/11/12, 3:30 am
Shrichand Nahar S.V.Nahar, Advocate

Considering the sections applied, compounding is not possible. However, you may considering invoking inherent powers of the High Court and seek quashing in view of compromise.

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Answered on 6/25/13, 4:22 am


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