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Harinath (employee)     23 November 2010

Can Lok Adalat close 498A/307/DP4 case?

Hello Forum,

I've been accused in false 498a/307/DP4 case by my wife lodged in Jan 2010. Now,

My wife has agreed for a compromise and said she would withdraw her criminal case filed against me, also agreed for MCD.  I now hv a problem here since there is 307 IPC along with 498a, lawyers say I cannot get a compromise deed written and go for Quash @ High Court, bcos if she writes it then it attracts Perjury – her lawyer gave me ref of Best Bakery case.

The only way out he suggested is that I need to push this case for committal and get Charges framed and then he would get my wife and all her witness in CrPC 161 stand in the disposition box and turn them hostile !!!... My case is still @ AJFCM and yet to be committed to Addl Sessions Court and charges are not framed yet...Her lawyer says on the next date I need to inform the AJFCM Judge that the case is compromised hence pls commit the case to trail !!! How can I inform the Judge myself when I’m the accused? Insanity here...Now, going by what her lawyer says this shall take not less than 6-9 months and I’m not sure why shld I go thru this phase when wife herself is keen not to pursue this case?

The exact problem as per lawyer is that 498a is compoundable offence in AP but IPC 307 (Attempt to Murder) is non-compoundable offence and cannot be withdrawn. Also my wife and police complicated the whole issue by submitting MLC (Medico Legal Certificate) for the injuries...

If only 498a is there in Chargesheet then he said that compromise deed can be written but since there is IPC 307 she cannot write compromise deed but needs to definetly turn hostile in court...He furthur states if at all compromise deed is also written then she needs to file this compromise deed along with an affidavait in Court stating that she does not pursue the case, and in such case Judge is going to punish her straight away bcos she has abused the court process and it is seen as contempt of court...

Can I explore Lok Adalat here? I know that Lok Adalat can be used to settle case faster and even criminal cases can be settled here and when I mentioned abt this to her lawyer he said I’m acting too smart!!!!! Why is he wanting me and her stand the complete trail? My wife side is completely driven blindly by her lawyer and it seems to be this lawyer saying is binding to them...they are not applying senses, my FIL is not understanding the humiliation of standing in the witness box and making stmts..he’s a dud and this guy is completely overtaken by her lawyer...How do I overcome this obstacle?

If this is his argument then even if she turns hostile then also Judge can award her punishment...then is her lawyer not suggetsing Lok Adalat? I'm not able to understand why her lawyer is showing a long shot?

Above link shows that many criminal and matrimonial cases were resolved by Lok Adalat... If anyone has experience in Lok Adalat please do help me....

Appreciate you help and THNX in advance..


 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 November 2010

It is better to commit the case to the trial court and your wife has to say matter is comrpomised and she will have to turn hostile.  Nothing will happen to her. because it is dispute hetween husband and wife court will understand it.

Harinath (employee)     23 November 2010

Thanks Rajeev. But this process takes a longer time maybe 6-9 there are any other process that can cut short the time frame and this tedious procedure?

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