Quash in legal parlance means to nullify, void or declare invalid; to put an end to a legal proceeding.
Section 498A of Indian Penal Code, was inserted by the Criminal Law (Second Amendment) Act, 1983 to safeguard women from cruelty. It is used as a weapon as well as a shield by women.
After the FIR is registered on the information provided by the person the police have the right to arrest the accused person and investigate into the offence.
An FIR can be quashed by invoking the jurisdiction of Section 482 of Criminal Procedure Code, 1973. An application has to be filed under Section 482 of Cr.P.C. to quash and set aside the FIR registered under section 498A of IPC. The Hon’ble High court can quash the FIR if the parties have settled the matter mutually amongst themselves. Quashing of FIR can also be done by writ petition under article 226 of the constitution of India.
It is advisable for both husband and wife, that in case any of the spouse feels that there is no scope left for cohabitation and living together is not possible, then both of the parties should try for settling the disputes mutually and come to a compromise regarding the issues at the time of mediation. According to my extensive experience in matrimonial litigation and dispute settlement, spending 4-5 years and 3-4 lakhs in a 498A case is not a prudent course of action.
Compromise at the time of mediation can be done only in 2 scenarios:-
1. Husband or wife, are willing to resume their matrimonial life.
2. Husband or wife, have decided to part ways amicably.
In the first instance, if both the parties have decided to resume their matrimonial lives together then an agreement may be made wherein both the parties will submit their legitimate demands. Thereafter both the parties are bound to adhere to the conditions of the agreement and should attempt to spend their life peacefully and amicably with each other.
In the second instance, if both the parties decide to part ways from each other, then it is advisable to file for divorce by mutual consent as it is a speedy and efficient way to get a divorce without being burdened by undue stress and litigations.
Once the compromise is settled between the parties, any pending litigation including any complaint or case instituted under Section 498A can be quashed by forwarding an application under Section 482 of Cr.P.C. to quash and set aside the registered FIR.
