Criminal Writ Petition- Quashing of FIR Malafides
Guest
(Querist) 15 November 2010
This query is : Resolved
we were charged in a 498A case and took arrest of stay from Allahabad High court. This is subject to mediation centre clause and we deposited the amount of deposit that is condition for stay.
On three mediation dates the respondents did not turn up and just gave a application of their inability to come citing some or the other reasons. The mediation centre will turn back the case to High court as the respondents are not joining as they want to harass us as we would need to apply for regular bail in the district court which as per my understanding is difficult in UP. They will be objecting the bail. It has been more than 120 days but the chargesheet has not been filed.
If the mediation centre returns the case back to High court it will be disposed off as the court would not quash the FIR.
The other side is putting pressure on police to not to file the FIR.
I need suggestion:
1. Can the High Court on the date of listing pass a same day bail hearing order
2.If the stay arrest can be maintained at High court upto filing of chargesheet.
3. will the stay arrest lapse once chargesheet is filed.
4. The other party is putting complaints in police station without any reason that I and my parents went to throw 'Acid' on the girl I feel this is a base that he is making to object our bails when we file in the local court. Is this anything to worry but I dont have any say on his conduct the other party can keep on making any plans or strategy. Is there a remedy for this.
5. Once chargesheet is filed is same day bail a problem...we do meet the IO frequesntly but he dont have anything to ask us neither he asks us to come.
I am putting the order below:
Order Extract below:
Hon'ble Imtiyaz Murtaza,J.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and also learned Additional Government Advocate.
The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide Case Crime No.14 of 2010 under Sections 498-A, 504, 506, and 494 I.P.C. and Section 3/4 of Dowry Prohibition Act P.S. Mahila Thana, district Allahabad.
Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. While referring the matter to Mediation Centre with the consent of the petitioners, it is directed that the petitioners shall deposit a sum of Rs.10,000/- with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High Court, Allahabad, out of which a sum of Rs.7000/- shall be payable to the respondent no.3, victim and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be paid over to the respondent no.3 on her appearing before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the respondent no.3 and the person escorting her. The office upon deposit of the Bank draft shall issue notice within one week to the respondent no.3, i.e the wife calling upon her to appear in the Mediation Centre at Allahabad High Court on a date to be indicated in the said notice stating therein that the Bank draft deposited by the petitioners shall be delivered in the Mediation Centre on the date fixed. The said notice shall be served upon respondent no.3 through C.J.M concerned. It needs hardly be said that both the parties shall appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation. The Centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in the second week of September, 2010 along with report of Mediation Centre.
In the meanwhile, the arrest of the petitioners in the aforesaid case shall remain stayed.
It may be made clear that in case, there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed, the interim order staying arrest shall cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter.
It may be clarified that the case will not be treated as tied up to this Bench shall be listed before the appropriate Bench. Copy of this order will not be issued unless steps are taken. Order Date :- 13.7.2010
s.subramanian
(Expert) 16 November 2010
At the time of chartgesheeting,you have to take a regular bail and the order of stay of arrest will not suffice.
Ajay Bansal
(Expert) 20 November 2010
GET REGULAR BAIL NOT STAY OF ARREST ONLY AT THIS STAGE.
