Wife filed FIR despite settlement — how to respond?
In my CrPC 125 case, a settlement was reached on 21-01-2023 before the Principal Judge, Family Court, District Shahdara, Karkardooma Court, Delhi. As per the settlement, my wife agreed to live peacefully with me, withdraw all existing cases, and not file any fresh complaints. However, she breached the settlement by filing a complaint on 27-01-2023 at PS Farsh Bazar, and later an FIR was registered against me under Sections 498A, 406, and 34 IPC at PS Mansarovar Park (FIR No. 47/2023 dated 15-02-2023). I have not received any petition copy or legal notice under DV Act or Section 498A. The alleged incident dates fall within a period when I was on complete bed rest due to an ankle fracture and surgery, for which I have full medical documentation.
Since she breached the settlement, file a petition to quash the FIR in Delhi High Court citing the previous agreement and medical proof of your disability during the alleged abuse. Submit all documents, including medical reports and the signed settlement. Courts often give relief in such misuse of legal process cases. For further legal assistance contact us on our helpline number.
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