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shalini (software engineer)     05 June 2012


hi All,


Our arrest on stay does not mention anything releated to chargesheet. It just mentioned about the mediator's report. So does that mean we dont need to wait for chargesheet and final bail will depend on the sucessus and failure of Mediation. I am bit confused about what ground we will get the bail. We already have the interim bail...below is the stay on arrest




This writ petition has been filed for quashing of an FIR in case crime No. 34 of 2012 under section 498A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Meerut.


The writ court is not competent to go into questions of facts and on the allegations, it cannot be said that no prima facie case is disclosed.

Hence, the FIR cannot be quashed by this Court at this stage.


However, in view of the contention of the counsel for the petitioners that dispute can be settled amicably between the parties and the petitioners are ready to deposit expenses for the mediation, it is provided that if the petitioners deposit Rs. 7000/ before District Legal Services Authority, Meerut out of which Rs. 5000/ shall be given to Smt. Priyanka Gupta on her appearance before the mediating agency and appears before the Magistrate concerned within three weeks from today, the magistrate concerned shall release the petitioners on interim bail on their furnishing personal bonds. After releasing the petitioners on interim bail, the magistrate concerned shall himself or through any agency existing for mediation/conciliation or counseling in the district send the matter for mediation/conciliation or counseling and in case the matter is amicably resolved in the said proceedings, the Investigating Agency and the court concerned may take a decision as to whether final report may be submitted or appropriate orders be passed in the criminal proceedings. The mediating agency shall inform the factum of success or failure of the mediation within one week of conclusion of the mediation/conciliation proceedings. In case the matter could not be

resolved in the mediation proceedings, the court concerned may consider the matter of final bail on merits in accordance with law.


The mediation proceedings should be concluded within a period not exceeding three months from the date of initiation of the proceedings.

However, if for any unforeseeable reason it become imperative to seek extension of time for concluding the mediation proceedings, the concerned Magistrate shall be empowered to grant such extension of time as he deems fit and proper.


For a period of three weeks from today or till the petitioners appear/ surrender before the court below and apply for bail ( whichever is earlier), the petitioners shall not be arrested in the aforesaid case crime.


It is made clear that if the petitioners fails to appear before the court concerned for the purpose of applying for bail within the time allowed or fails to deposit the sum as directed above, the relief given by this order shall not apply and no further extension of time will be given. With the aforesaid observations, this petition is disposed off.



Thanks in advance





 3 Replies

B.N.Rajamohamed (advocate / commissioner of oaths)     06 June 2012


You are supposed to appear before the trial court and seek bail is the direction iven by the high court. So, it is left to the police to file the chargesheeet and the trial court has to post the case for trial. The success and your defea t lies thereafter. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2012

Repeated query.


Shonee Kapoor

shalini (software engineer)     08 June 2012

Thanks Rajamohamad for your reply. I am sorry that I couldnt understand your reply. Do you mean the its up to the police weather he want to file the chargesheet or not? Also what do you mean by "he trial court has to post the case for trial"


My basic question what parameter will decide to get rejected the final bail in our case.


@Shonee. Sorry for that. It might be a repeated query. I am trying to undertand the final bail and mediation process in Uttar pradesh. Unfortunately there is not legal site where we can get all these informations. Our lawyer and different people on the forum have different views for our next step in our case. I hope you understand. I dont want to curse myslef later on while fighting against false alleation and corrutption..

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