sister filed DV Case against her father, brother and brother’s wife, later after death of father, she filed a FIR under Section 31 of DV Act on 01-09-13 against brother and brothers wife which was challenged in High Court and High Court ordered that if charges are framed, they are subject to this court decision.In 2017 a compromise was written in JMIC Court and DV case was disposed
On 3-11-17, High Court quashed the FIR on the basis of compromise and all subsequent proceedings but sister made an application to revive case in JMIC Court [ although the case is not disposed by JMIC till now ] that brother is not honoring compromise although a written statement was given that brother and his wife are bound with terms of compromise. Court of JMIC is hearing the application and reply has been given ;
1. When High Court has quashed the FIR 995 and all subsequent proceedings, the case in Court of JMIC is liable to be quashed.
2. brother and his wife are abiding with all terms of compromise as submitted in court but sister itself is raising question only to harass them.
3. sister has no right to give reviving application to this court as the revival comes after dismissal , the case in Court had to be dismissed first then only the revival application arises and moreover it has to be considered that whether this court is competent to hear this revival application
4. case in not filed by private complainant ,its filed by State and she has no other right but only to assist State in this case.
The case is going in JMIC Court
Is the court of JMIC bound to quash
