Hello,
A complaint under sec 12 of Domestic Violence Act was filed on me by my ex-wife in the Magistrate Ct. I filed a Stay and Quash Petition u/s 482 Cr.P.C. in the High Ct. The Honble High Ct ruled on 08.04.2010 the stay as follows:
"When the present petition has been taken up for consideration today, the defacto complainant/ wife and the petitioner have agreed to get the matter resolved through the xxx mediation and conciliation centre.
2. Accordingly, the matter is referred to xxx mediation and conciliation center for effecting mediation and to resolve the dispute between the petitioner and defacto complainant.
3. Parties are directed to appear before the xxx mediation and conciliation center on 16.04.2010 and report the outcome of the said mediation to this court.
4. Post on 20.04.2010. Till then, there should be an order of interim stay notice."
The mediation concluded (failed) by 2010 end. However, based on above stay order the case did not proceed and adjournments continued until now. Now the DVA complainant is pushing the magistrate to start trial.
Q1) Per my lawyer, Honble Judge posted matter on 20.04.2010 to see if parties agreed to undergo mediation. Further not sure if results of mediation was communicated to the Honble court. Further the Quash petition in the same case is pending
Q2) Does the STAY hold? Is the honble magistrate justified in opening trial
Q3) I am planning to re-open the Crl.O.P in the high court to seek extended stay until disposal of Quash. Is this the right strategy?
Thanks for your help
