FIR Quashing Domestic Violence
How to file for FIR Quashing Domestic Violence matters on the ground of settlement.
If both parties in a 498A IPC (under new section 86 BNS 2023) case (cruelty by husband or relatives) have resolved their disputes amicably and wish to quash the FIR, they can approach the High Court under Section 482 (under section 528 BNSS 2023) of the CrPC (inherent powers of the High Court) for quashing the FIR.
The process generally involves the following steps:
Steps for FIR Quashing under Section 482 CrPC: As per the new section is 528 BNSS 2023
Mutual Settlement & Agreement
Both parties should enter into a written settlement agreement, preferably through mediation or mutual consent, mentioning that they have resolved their differences and have no objection to quashing the FIR.
Filing a Quashing Petition in the High Court
A petition under Section 482 CrPC must be filed before the High Court where the FIR was registered.
The petition should include:
FIR details (Number, Police Station, Date)
Case background and allegations
Terms of the mutual settlement
A request to quash the FIR as the settlement ground.
Affidavits from Both Parties
Both parties (husband and wife) should file affidavits confirming that they have mutually settled the matter and have no objection to quashing the FIR.
Court Hearing & Appearance:
The High Court will issue notices to the State and the complainant (wife).
Both parties may be asked to appear in person before the court to confirm the settlement.
Public Prosecutor & Police Report:
The Public Prosecutor and police may present their views before the court regarding the quashing request.
High Court Order:
If the court is satisfied that the dispute is private in nature and has been amicably settled, it will quash the FIR to prevent further legal harassment.
Key Points to Consider:
Divorce & Alimony: If the couple is seeking divorce through mutual consent under Section 13B of the Hindu Marriage Act, they should coordinate the divorce settlement with the quashing petition.
Other Cases: If additional cases (e.g., Domestic Violence Act, Dowry Act) are filed, those also need to be addressed separately.
State’s Role: In some cases, the State may oppose quashing, arguing that 498A is a serious offense.
However, courts generally allow quashing if the dispute is entirely matrimonial and has been settled. FIR quashing domestic violence.
Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, consult the legal matter expert.
