Indian Citizen (Associate) 07 April 2011

Urgent Guidance- Complaint Case 498a

False complaint case 498a 323 504 506 3/4 filed by wife against husband & in laws, in wife's residing place. Complaint has no evidences only verbal complaint. No investigation done by either police or CJM .Summons issued by local court never reached husband, finally NBWs issued. Husband filed 482 in High court, stay granted & matter referred to mediation cell. The dates of mediation somehow not conveyed to one party so mediation failed. Case sent back to high court.

Queries:

1. What are the possible outcomes of the case? ( Quashing of case, case referred back to lower court with directive of Bail on same day or application dismissed)

2. What is the merit of case? How will it affect the outcome?

3. Can the case be referred back to mediation? How?

4. What can one do proactively so that matter remains at High court?( The opposite party is influential to manipulate proceedings at local court)

5. In case any adverse order passed, can it be recalled? What are the timelines?

6. Any suggestions/precautions for getting the case quashed?

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1 Replies

(Guest)

If this is in Allahabad High Court ask your lawyer to plead before the court that the case should be referred back to mediation centre as the petitioner could not attend as the notice was not received for the dates.

The case cannot be quashed and HC at max will issue orders for same day hearing and as per trend in UP the lower court would not grant bail on same day to husband though other family members will get the same day so arrest and that too after NBW is inevitable.

Mediation can hold the case for at least 4-5 months so try and get it referred back through your lawyer and once its referred back ensure you check regularly with mediation centre yourself for the dates. Dont depend on your lawyer as this date miss is a neglience on your and your lawyers part. Since the order that HC stayed your arrest would have clearly said that any default on the part of the petitioner then the case shall be referred back to HC and HC will vacate the stay. You could not have taken it so unseriously. Unless you keep a track of your cases and depend on others lawyers you will always loose. Personal involvement and tracking is necessary.