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Vishal (Lead)     28 June 2011

498a- Mediation Center

Dear All

  I got married in Jan 2011 and my wife left the matrimonial home in April'11. I am working in an MNC in Noida and she is also working . Her parents were very interfering and my wife doesn't find interest in anything (got some phyco problems). My family got the information that the wife side are planning to file 498a/504/3-4 DP against me & my parents.

We filed RCR ( Sec -9 HMA) and complaint in Police Station about this planning however same thing happened in May 2011 (they actually filed the FIR against me). We moved to Allahabad High Court and got the case moved to District Mediation Center (till than we are on entrim bail).

My wife's family have good connections with few lawyers however case got mediated and agreement was prepared on stamp paper along with the Mediation center report (Form -6). Stamp paper was singned by both the parties along with the Advocates. We are on entrim bail (stay) from 17 Jun till 27 Jun 2011. Case got mediated on 24th Jun now wife side is not turing up in front of CJM however we did appear in the court. 27th is gone so they are planning to arrest us. Now , the court has decided the next date as 1st July for hearing & till then stay has been extended.

Need to know if the wife side or their lawyer can change infront of the CJM (Cheif Judicial Megistrate) even after sigining the agreement and mediaition center report which is signed by 4 council team.



Learning

 7 Replies

Tarun Thakur (advocate)     28 June 2011

your case includes two sections of IPC. 498A and 504. the first section is non compoundbale in nature. so mere filing of agreement would not servce the purpose. The wife can at anytime resile from the compromise and probably the basis would be that the consent have been taken by fraud misrepresentation etc. 

 

It is submitted that the proceeding in the mediation center do not form part of the judicial proceedings and can not be relied upon by any of the party. The wife has resiled may be due to hte reason of demanding more money . In this situation , only the advocated ( Yours and yours wife) can make the case settle. 

 

The learned CJM cannot make the wife to enter into agreement or even cannot quash the case. in a situation if there is compromise , the proceedings/FIR can be quashed from the Hon'ble High Court. 

If it is ur perception that the wife would change before CJM, then you have a good basis for taking the regular bail. 

Is ur case pending before Hon'bleHigh Court ? 

Vishal (Lead)     28 June 2011

Thanks Tarun... my case is pending before the District Court (CJM). Mediation was completed last week and Agreement was prepared and signed by both parties and Adv. Also, meditaion council has also provided its report to the court.

Sanjeev (Lawyer)     28 June 2011

you would have filed a writ for quashing of FIR or chargesheet at Allahabad high court basis which the case would have been referred to the Mediation Centre Allahabad High Court. Once the mediation is final then the case need to be listed at Allahabad High Court and basis the mediation report the FIR/Chargesheet would be quashed.

Get the case listed in HC and quashed basis the mediation report. Once its quashed at HC-Allahabad the CJM court case will end as HC would have quashed the case.

Saurabh..V (Law Consultant)     28 June 2011

@Vishal

 

Yours is a simple case as compared to others those who re first thrown behind the bars and then demanded money so that you can get bail.

 

It's an important development in you case that you have succeeded to stay out and yet able to get a signature done on the papers. Certainly, as rightly mentioned by @Tarun, the complainant has the right to resile from her statement and turn down the already agreed signed document, yet I want to add that such turns-and-twists would be very costly for them. The CJM might give you AB in default of their non-appearance and their misconduct.

 

This compromise, as it happened in a Govt. Mediation Centre, so its worth giving weightage as the person heading this centre is again a person who is holding the position as Sessions Judge. So this agreement hold high important in front of CJM. So all you need to do if show the court that the complainant party has no respect for law and even after agreeing with the terms they are wasting the time of the court.

 

//peace

/Saurabh..V

himanshu harbola (Comp. Sec.)     28 June 2011

Dear Vishal ,

 

" My wife's family have good connections with few lawyers however case got mediated and agreement was prepared on stamp paper along with the Mediation center report (Form -6). Stamp paper was singned by both the parties along with the Advocates. We are on entrim bail (stay) from 17 Jun till 27 Jun 2011. Case got mediated on 24th Jun now wife side is not turing up in front of CJM however we did appear in the court. 27th is gone so they are planning to arrest us. Now , the court has decided the next date as 1st July for hearing & till then stay has been extended.

Need to know if the wife side or their lawyer can change infront of the CJM (Cheif Judicial Megistrate) even after sigining the agreement and mediaition center report which is signed by 4 council team. "

 

STEPS TO TAKE

1. File a quashing of a FIR application in the Hon'ble High Court u/s 482 Cr.P.C.

2.  It is pertinent to metion that compromise btwn a husband and wife on in laws holds a good ground for quashing of criminal proceedings against in laws and husband.

3. There are various Supreme Court and High Court Judgmenets which favours ur case completely in every context and u can be releived from such criminal charges.

 


 

Vishal (Lead)     28 June 2011

 

himanshu harbola-

"various Supreme Court and High Court Judgmenets which favours ur case completely in every context"

Please provide referance of such case.

himanshu harbola (Comp. Sec.)     28 June 2011

Uploading one  Judgement for u.........Kindly Find the requisite  Judgement...feel free to contact personally for further assistance...


Attached File : 101080 190207 23 hc allahabad 498a quash 2006 8106 2003.pdf downloaded: 364 times

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