No to the mediation ordered by high court

u cant go against high court order its very serious and put negative effect to u and on ur case specoially its an act of contempt of court

well its girl wish if she want to attend the mediation or not u cant force her as she is the defecto(complaintant)if she dont want to compromise its her wish u cant do antything nor the high court

face the trial and get acquittal.

let her prove whatever she wants - 

i am thank ful for the people who took time to answer, sir i request u to please read it again, the order of high court said that if we donot deposit the amount with in 42 days then this order will end by itself and we will not get the interim protection which this order will give us till the proceedings of mediation goes on, but the high court of allahabad didnot looked into the fact that a previous mediation at lower court failed because of abscence of the girl and point to be noted is that this mediation was requested by the girl's father and he promised in the pre litigation lokadalat that he would bring the girl with him on next date so that the mediation between both wife and husband could be done to bring results, for failing to keep his promise the girls father was punished with a fine of 100 rupees for wasting and abusing the process of court and later on this mediation was dismissed and the judge wrote that the girl failed to appear, whereas we were present on all 6 dates so the question is how high court can punish us with 40000 if the mediation initiated by girl failed due to her non compliance, please guide me taking this point in to consideration

we never requested high court for mediation in our application under 482, and i think a court can never force a person to go for mediation if he/she refuses

Dear the amount is litigation charges which usualy court put on when the lawyer of the girl say that she was coming to court, this depends upon judge , I have seen lot of cases even this happen with me to I paid 50k unnecessary u cant do anything

Moreover if she comes to mediation or not no body will bother the mediator will agaig send the report that mediation failed amd then ur bail hearing will be heard and after that trial begin

Its regular procedure high court follow under the directions given by supreme court before granting anticipatory bail so they send u to mediation irrespective of ur wish

Pay the amount the high court orderd u with in 42 days other wise u would be in deep trouble

its always better to get arrested and get REGULAR bail.

cheaper and faster.

i was lucky to get regular bail after sitting for 1 day in lock-up along with my father

 

the steps like mediation, quashing, discharge application etc. just prolong the litigation.

but one realizes this when its too late..

As rightly opined by aap, not obeying the high court order will amount to contempt of  court, hence it is always better to abide by the high court's direction and pay the amount ordered by within the stipulated time or you will and up facing the cancellation of bail or dismissal of  pending application for AB.  Mr. Amit has shared his experience,but one must have courage to face the situations faced by Mr. Amit under such circumstances.  However, I cannot suggest his opinion to get arrested and get enlarged on regular bail later on.   Once knowing it to be a false case, have confidence & courage to face it, challenge it  and get acquitted finally. 

Further you cannot question high court this way which is reproduced again "the question is how high court can punish us with 40000 if the mediation initiated by girl failed due to her non compliance"  It depends on how your lawyer present your case before the high court or how the other side lawyer misrepresented your stand during mediation.

but we refused to take anticipatory bail or interim protection and since it was a complaint case we filed an application under 245(2) with all the evidences we had, like the girl has said that she was called for a meeting at her husbands house along with her father and family members and there her inlaws demanded 2 lac rs from them and refused to make her entry in her house, but we prepared a video cd of the said meeting and it that cd the girls father has made a statement that he or his daughter has never been harassed for dowry or any violence by her in laws, and the law of 245(2) says that this application can be moved at any stage of the case and in sunil mehta v/s state of gujrat 20 feb 2013 supreme court has clearly said that it is the right of accused to cross examine all the witness before framing of charges and prove himself innocent and discharge 

although the interim protection of high court ended after 42 days but the protection of 245(2) started and it will end when the application of 245(2) is finally disposed off by the judge, i think if we have strong proofs why not fight the case strongly in the starting rather than bringing evidences in the end, there is one witness who has given statement on oath under 202 crpc that he was present in the meeting when the girl's father was harassed for 2 lac dowry demand, we have made a video of that said meeting and camera was placed in such a way that the entrance gate of house is clearly visible and all the persons coming in and going out are recorded and this false witness was not seen in the entire meeting , please guide how can we request the court to cross examine and punish him