narain raj (student) 15 August 2012

Anticipatory bail order & mediation

Hello Sir,

I am currently not in India. My wife filed 498a,406..

Have applied AB for my mother,father,sister,brother.

Yesterday AB granted for my brother,sister,mother.

My wife has already taken most of the articles with her,but she still trying to claim from us. But we have enough proof that some of the items are with her. In FIR whatever items she mentioned 90% of items are with her.

And she has taken some of my mothers jewels also which is more valuables than her remaining 10% items. For that also we have the proof.

So our lawyer argued and agreed that we are ready to return her items ,but my wife has more valuables of ours than her valuables so she has to return back.

Judge referred my father to go for mediation(because stridhan articles are acknowledged by him on marriage day which has not been returned completely yet).

My doubts are,

1) Still we havent recieved the order copy. My sister,brother,mother are not in my house for past 1 month. Now they can come out without having order copy in hand. Today is holiday and we are expecting the copy in hand by tomorrow. If they come out police still can arrest them?or they can wait until get the copy in hand?

2) We have enough evidences to make that entire FIR as false. My father can submit the proofs at mediation?
Will it help for FIR quashing?

3) My lawyer is saying police can't arrest my father until mediation is completed. Still he is in risk position? And how we will know what will happen at mediation? How to safeguard him?

Thanks in Advance.

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6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 August 2012

1) Don't take any chances. Ideally one should at the time of order ask for the copy of the order DASTI i.e a certified copy given in hand at the time of order only so that one does not have to wait.

2) Depends on the kind of allegations in the FIR.

3) Father must have been given interim protection in order to enable him to participate in the mediation, he cannot be expected to mediate with a damocles sword hanging over his head.

rajiv_lodha (zz) 15 August 2012

Also donot produce all the proofs in mediation

narain raj (student) 22 August 2012

Dear Sir,

Thanks for the reply.

We have recieved the order copy. In the copy its clearly mentioned -> AB granted for my mother,sister,brother

and dismissed for my father.

There is no where mentioned about his interim bail order/referred to mediation for my father.

My lawyer is saying that the interim protection and mediation referral wont be mentioned in the order copy. It will be

only noted by judge and Public Prosecutor already informed the Inspector about my father's status. So no need to

worry like that. Anyway Inspector also confirmed the same to my mother,brother,sister.

My doubts are,

1) Mediation date is in next week. we are ready to return all her remaining stridhan items. But she has to return our items. If she is accepting to return our items then problem solved.

If she is not accepting to return our items what will happen at mediation?

This will help to get my father's permanant bail. Or my father still has to return her items and get the bail.

Then after coming out in bail he has to complain on my wife and get our items?

2) What about our initial AB application? It is still pending or do we have to again apply a new AB application for my father? In the Touch screen of high court its showing .. partially approved.

3) How long my father's interim protection is valid? If it is only till the mediation referred date, what about from the next day of mediation date, he has to still stay safe outside from police eyes until he get permanant AB.

4) My mother,sister,brother got AB. so we can close our home doors and my father can stay in any room of my home. If he stays in my home, police can come and ask us to open the door and search in my home?

Thanks in Advance..

narain raj (student) 22 August 2012

Can anyone reply on my previous queries... urgent...

Rajan Bhasin (Law Student) 22 August 2012

She will never return your articles. File 406 once mediation is over. Protection order should be valid till mediation failed and hearding in court.Stay peacefully at your home

narain raj (student) 29 September 2012

Hello Sir,

Mediation is almost dragged more than a month . From the beginning we are ready and accepted to return their remaining articles in mediation cell as per items which wife side mentioned in FIR. But they are not willing to accept to return my items and they provided the list of extra items(like marriage expenses,my wife delivery expenses and cash which I never took from them) in mediation which is no where mentioned in FIR. Mediation team suggested them to talk about only stridhan articles mentioned in FIR. But they are not listening and trying to intervening anticipatory bail of my father.

Now mediation team gave the final date in next week.

And sure mediation will be failed next week. And my lawyer has filed new AB application which is going to be heared by same Judge who referred us for mediation around a month ago.

What will happen and what are the possibilities of granting AB to my father? Will judge get advice from mediation team who is genuine while deciding AB ?