3 Answers
You seem to have not been provided correct legal advise. It is not wise to approach high court for quashing of FIR. Any adverse comment of high court would prejudice your case in trial court. Contest the case and prove your innocence and on getting successful proceed against the wife.
Dear Sir,
Yes, there is a strong possibility that your FIR will be quashed, even if the wife files objections now — provided the settlement/MOU was recorded in mediation and partly acted upon.
But it is not automatic. The Court will examine certain factors.
Objections filed after settlement are viewed with suspicion
If wife now files objections:
Court will examine whether objections are bona fide or coercive
Backtracking after taking benefits weakens her credibility.
Dear Sir, as per your query,
1. Strong case for quashing: Since a court-referred mediation resulted in a written settlement, jewellery exchange is completed, and your parents’ FIR is already quashed on the same settlement, the husband’s quash petition stands on strong footing.
2. Wife’s objection has limited weight: If the wife now files objections contrary to the settlement, the High Court can disregard such objections and enforce the settlement, especially when the husband participated in mediation and acted on its terms.
3. risk factor: Quashing will mainly depend on whether the Court is satisfied that the settlement was voluntary, complete, and covers the husband clearly.
For further details, feel free to contact our OLQ Team for a detailed discussion