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Urgent

(Querist) 03 August 2009 This query is : Resolved 
Dear all members,
One of my client filed cases under section 125 Cr.p.c. , 498-A/406 IPC. She had also filed a complaint u/s 156(3) Cr.p.c. for registration f FIR U/S 494/504/506/34 IPC against her husband. She was sufering in the courts for the last 10 yrs. Ulitmately she got expired on 02/09/07, leaving behind her two minor kids with her aged maternal grand parents. After the death of my client her father sufferred with hurt problem and ultimately, in Jan. the matter was tarnsferred to mediation cell, where by force & pressure the father of my client was to be agree on the settlement done by the mediator. It was agreed that the husband of my deceased client would submit Rs. 2 lacs for both kids as full fledged maintenance and the father of the complanant would withdraw all the cases. Now my querry is whether the father of my client can withdraw from this compromise done in mediation cell or not, as it is not confirmed in all the courts where the concerned cases are pending, as he is not satisfied with this amount. Because, the kids are of 15 & 14 yrs by their age respectively. And upto how much long they would spent this amount.
Plz reply as urgent. Thanx in advance.
Khaleel Ahmed (Expert) 03 August 2009
Dear Rakhi,
The father of the deceased is not entitled to withdraw any criminal proceeding filed by her during her life.
About the maintainance of two kids,the court will decide as per the provissions of 125 CrPc.The husband of your late client can file a civil suit for the custody of his minors at any time.
Advocate SK Rohilla New Delhi (Expert) 03 August 2009
Dear Rakhi.
The case u/s 125 can be continued for the provision of minor's maintenance through their maternal uncle or by a person oppointed by the Court. However, you have written that a complaint was filed u/s 153(3) Cr.PC but did not mentioned whether FIR was registered or or was continuing as complaint case.I am surprised to know that case is sent to mediation cell(For what and why?). The father of deceased cannot compromise the case after the death of her daughter though they can persue the case to meet fate of accused person.

Your second issue: Now guardian will be oppointed therefore kids canot spent the amount before attaining the age of 21 years. (however can be used before-- for legal necessity)
kranthi kiran (Expert) 03 August 2009
Dear Rakhi, victim only can compromise. as above said by the learned seniors. As she is already demised, no chance of compromise. Maintanance to kids will be granted by the Court. If it is lumpsom towards permenant alimony, the same will be ordered to be deposited in the bank, and the guardian will be allowed to use the interest thereon for the maintanance of the children until they attain majority.
RAKHI BUDHIRAJA ADVOCATE (Querist) 03 August 2009
Whether the father can withdraw from the compromise in mediation cell or not?


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