Response

In some cases, 498A complaint is withdrawn by the wife as a condition to go for MCD by the husband. If that has not been done, get the MCD first wherein it has been agreed by your wife to withdraw the 498A complaint as part of the consented settlement. So, if the wife refuses to withdraw the 498A case later on, you can file a petition before the High Court to quash the said 498A case based on the conditions mentioned in the MCD.

You have to 2 fold options in this situation-

1. To retract from mutual divorce unless and until she gives testimony in criminal court about non prosecution of the case,

2. TO wait till divorce is granted and if the wife does not coperate to withdraw the 498A case, you can go for quashing in high court.

Do bear in mind that there would be no difficulty to get the case quashed by high court if the wife makes unequivocal consent to cooperate for ending the 498A case in the petition for mutual divorce from which she realises later on.

You have to filed quashing petition before HC which was be based on the settlement/Mutual Consent Divorcee. now try to settle the matter again with her and file quashing, it will be better.

Reference: You have to 2 fold options in this situation-

1. To retract from mutual divorce unless and until she gives testimony in criminal court about non prosecution of the case,

2. TO wait till divorce is granted and if the wife does not coperate to withdraw the 498A case, you can go for quashing in high court.

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