What next - case 498a

Guest (Querist) 30 January 2012 This query is : Resolved
sirs

i have been framed and chargesheets on 498a and 03 more sections along with my 03 relatives.

the trial has yet not opened, but we have been issued NBW for attending the trial (this is part of frogery/manipulation as we never received even a summon to be present for the trial)

later... we have petioned in the high court u/s 482 for quashing (as the case if a false implication by the opposite party) and have been successful to receive the STAY by the honourable high court and have also been called for the mediation with the opposite party (here to be noted that we have been divorce decreed by the honourable sessions court in setp 2011)

considering this situation, wanted to know what is the next step and in what way i need to be prepared.

thanking you.

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Raj Kumar Makkad (Expert) 30 January 2012
You shall have to attend mediation centre along-with all documents/certified copies of your court decisions with an affidavit duly sworn that no any incident has taken place after getting the divorce necessitating to file such case by your ex.

Devajyoti Barman (Expert) 30 January 2012
1. You should have foirst go for obtaining anticipatory bail than going for quashing as it is hardly allowed and falsity of a case is no ground for quashing.

2. When the mediation would fail the court would decide and likely against you. Then you have to again go for the process as mentioned above and then face trial.

Try to amicably settle the dispute.

Shonee Kapoor (Expert) 31 January 2012
When was 498a filed, before or after divorce.

498a is not maintainable after divorce.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Querist) 31 January 2012
thank you all.
@mr. shonne - i am sorry, just to clear the 498a (and other 3 sections) were FIR-ed before the divorce case was filed by me and divorce ws granted by the court in record 8 months.

@mr. barman -
point 1: sir i have the bail granted for this criminal case (sec 498a and other 03 sections) and so have my 02 relatives; evn my mother who is co assused has temporary bail (based on chest pain). pls could you advise, as STAY is received in from the H/C is it necessary for my mother to still look for a permanent bail (i.e. bail from the court by surrendering)
point 2: well noted on your point on mediation. sir pls clearify the STAY is already received, so if we assume the mediation fails (i am not aware of what happens in mediation), what will be teh next course and consequences. pls shed some light.

@mr. makkad - sir again let me clarify that we were framed and FIR-ed for 498a and other 03 sections before well the divorce case was filled by me and still stands. the divorce as i said is verdicted by the court on which i have appealed in the H/C regarding my incapability of paying the verdicted amount as I am not in position to do so due to my unemployment.

sirs pls advise with this situation / standstill.

thanks and best regards.
abc

DEFENSE ADVOCATE.-firmaction@g (Expert) 31 January 2012
stay will be temporary , you have to appear in lower court and face the trial.Relief for payment will be difficult.