procedure of 498a withdraw in lokadlath


my freind facinng the problem please suggest me

how to withdraw 498a in adalath please tell me process and condinions in AP ?

 ple guide me sir 

 
Reply   
 
ADVOCATE

498A IPC is compoundable with permission of the court in A.P.  provided permission will be granted after expiry of 3 months period from the date of application.

 
Reply   
 


senior civil judge CUM ADMINISTRATIVE OFFICER

The complainant and all the accused should approach the concerned court and file a memo stating that they want the matter to be refered to the lok adalat  where after the case file will be sent to the lok adalat ( generally it is done on the same day ) and the presiding officer of the lok adalat will ask both the parties whether the matter is settled and if the answer is in the affirmative , he/she will fix a date after 3 months , where after both the parties should attend on that date and again when questioned about the settlement if the complainant confirms the settlement and wants the case to be withdrawn , then the award will be pronounced acquitting the accused, and the case will be closed and the concerned court intimated about the closure by sending the case file and award copy, please remember the application form in the lok adalat should be signed by the concerned public prosecutor and the court constable or a higher police official of the concerned police station where the complainant has lodged the first information report , it should also be signed by the counsel for the accused. With respect to the conditions it all depends on the terms of understanding between both parties which may be mentioned in the terms of comprimised which will annexed to the lok adalat application or some times there may not be any terms execpt a request that the matter is comprimised.

 
Reply   
 

thanks sir 

if this case may be settled in regular court? wat process involved?

please guide my friend..........

 
Reply   
 
senior civil judge CUM ADMINISTRATIVE OFFICER

In case you want to settle the matter in regular court both the complainant and all the accused have to appear in the court and file a petition seeking permission of the court to compound/comprimise the matter, and after the permission is given the judge questions the complainant as to whether the matter is settled and if the answer is yes, then the judge will give a date after 3 months whereafter the questioning will repeat and if the answer is the same an order will be passed mentioning about the fact of compromise and acquitting the accused.. Basically both the process are the same.  in lok adalat the atmosphere is informal , whereas in the court it is formal. Generally the judge may be reluctant to compound the matter in the court, as nowdays the emphasis is to settle maximum matters in lok adalat in an informal way.
 

 
Reply   
 

Sir, We have agreed for a ex-parte divorce decree petition filed by wife. First hearing not yet happened. And 498a is compromised and is in Lok adalat. Observation period of 3 months also over. Now to close the 498a, they are asking the full and final settlement money(more than 7L) to be given as agreed previously. Is it possible that can we ask the Lokadalat to mention this amount in Lok Adalat award copy? Our main intention is that she should not do any kind of claims later (no MC etc) as it is a ex-parte decree. Please suggest. Thanks, Balaji.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

CrPC MASTERCLASS     |    x