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senthil   25 November 2017

Please help in finding which is better way to get case resol

Hello Sir/Madam,

A girl filed a case against a guy blaming him for not marrying her because his parents did not agree for marriage. Sections filed were 509,417,420. 509 was added because of a friend who lost control and scolded her once and apologized for that. He was A2 and got his case disposed in highcourt later. Unfortunately for A1, there is no clear message that says these sections are not for A1. 

Girl and her family wanna resolve this case now after 2 years, since they think its waste of their time and she wanna settle down. A1 already got an invite from lokadalat earlier to discuss case and complainant and her family did not agree when they were asked for lokadalat session. Now they wanna get it done in lokadalat. i.e. the settlement. 

A1 already filed a petetion in highcourt for quash, but only the petition is accepted in the court. complainant do not know that, but thye also do not want to create lot of noise while settling the case, they wanna get it done in local town where the case has been filed and that too in a lokadalat. Whats the better way to get this resolved?

A1 is supposed to go for his studies to another country and his consultants told him that he would not be able to get visa if case is settled by mediation, since that means A1 is accepting the guilt and that is equal to being convicted. 

Just wondering if the case can be disposed in the court where it is filed? Whats the procedure if girl's family want to get it done via lokadalat or by filing a petition to dispose the case..  Please help. 



Learning

 2 Replies


(Guest)

Let her withdraw the cases. or simply stop attending the cases.  Court will eventually dismisss all the cases that she filed.  You also stop attending the cases.  Court wont agree for case to be withdrawn at this stage.  See what your advocate suggests.

KISHAN DUTT KALASKAR (Advocate)     25 November 2017

Under extraordinary powers the High Court can quash the proceedings or give instructions to the lower court suitably. But trial Court cannot settle the matter, if the alleged offences are non-compoundable. Better ask your advocate to move an early hearing memo in the High Court and see that it is disposed.


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