Quashed 498a fir

Querist : Anonymous (Querist) 18 September 2011 This query is : Resolved
I recently got my 498A FIR Quashed from HC basis a settlement deed with my wife the case has been disposed off and proceedings quashed.

Now all of a sudden my HC lawyer has told me that my wife has placed objections after Quashing in HC that this case has been quashed in error and she was unaware of the listing date as she had to object quashing as she wants to withdraw from the settlement deed which she signed.

Is there a chance that the Quash order be reversed by HC. If this is the case there is no value of settlement and anyone can anytime withdraw fom what they agree. HC would have only quashed when there was enough material on record- here the settlement deed signed by wife her father and lawyer. Please Advise.

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Devajyoti Barman (Expert) 18 September 2011
There is no chance of reversing the order passed by the same high court.

However the same may be set aside by the supreme court if she could prove that her consent was obtained by fraud or force or she was misled to her disadvantage to sign the settlement.

Guest (Expert) 18 September 2011
agree with Mr. Devajyoti

Querist : Anonymous (Querist) 18 September 2011
The settlement deed was itself signed at the High Court in front of two Mediators who were appointed by High court and are renowned HC lawyers. It was signed by my wife, her father and her counsel and me and my father. It has the satamp of HC Mediation Centre. There is no way it could be proved to be under force.

Can the Supreme Court set it aside will I get to know If she files at HC or it will be heard at Supreme Court without my Knowledge. It was a two judge bench at High Court which Quashed the proceedings.

Guest (Expert) 18 September 2011
if the revision is filed than you will be noticed by the court.

Devajyoti Barman (Expert) 18 September 2011
Yes , you will be served with the copy of SLP. No court passes any order without giving an opportunity to the other party a chance of being heard.

Querist : Anonymous (Querist) 18 September 2011
The other party lawyer has put up a recall application stating the reasons that his name did not appear in the cause list due to which he could not be present in the court to object and has attached a copy of the cause list in which his name does not appear though the Govt Advocate was present at time of Quash.

Kiran Kumar (Expert) 18 September 2011
well in your case, the recalling application will be heard and the notice will be served either upon you or on your counsel...

its second thing that the court may or may not recall the order...the non mentioning of case in the cause list might have raised some suspicion in the mind of other party.

but on practical side, you need not to worry, since she herself had signed the settlement deed in the presence of mediators appointed by the High Court the court will be lesser inclined to interfere in the order.

She may approach SC with whatever objections she want, but now after the proper settlement the court will make an adverse opinion against her only.

Raj Kumar Makkad (Expert) 18 September 2011
Mediation Centres are formed under Legal Services Act and judgment once passed therein is final and cannot be reopened on whims and wishes of any party to settlement. so there is no chance to entertain her SLP or revision as the case may be.

SAANJAAY GUPTAA (Expert) 19 September 2011
I agree with the experts

Koumarish Bhattacharya (Expert) 21 September 2011
I agree with the other experts.

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