Quash fir -498a

Querist : Anonymous (Querist) 19 September 2011 This query is : Resolved
I reached a settlement at HC Mediation centre which had a condition to apply for MCD on a date which could not be applied as my wife did nt co-operate.

The HC Quashed the case basis the mediation centre report without asking if the MCD was applied or not.

Now her lawyer has placed a recall application in HC stating that he had to object the Quash but he wasnt aware of the listing due to non appearence of his name in the list.

The default of not applying for MCD was not at my end but in the recall application they have stated that I am asking for money to apply for MCD so Quash order should be cancelled as one condition of settlement agreement for MCD is not complied.

Please advise if the order is recalled and case is reheard can the case be again started and settlement cancelled.

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Devajyoti Barman (Expert) 19 September 2011
Yes the ground has merit for recalling the order of quashing.
Since the high court passed the order ex parte , it is likely to give another chance to the erring [party for final hearing of the quashing petition.

prabhakar singh (Expert) 19 September 2011
i agree with Mr. Barman.

Shonee Kapoor (Expert) 19 September 2011
When did that happen.

Though on technically the order can be recalled, but it would be decided on merits from now onwards,

what was the problem in filing MCD

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 19 September 2011
She inserted a point in petition for MCD for payment of Rs 3L but that was against the settlement sO I did not sign and asked to remove that clause but after that they stopped taking calls and now proceeding through court by filing a affidavit that I am asking for 4 lakhs to sign the papers and so the settlement should be cancelled and case sent back for trial. There intentions have changed.

The case is quashed for now- but recall is being applied by there counsel. I am ready to sign if that clause is removed. Is there a chance of recall- and Quash set aside. If this is done just for pending MCD without fault of mine - Can I challenge HC order in SC

Querist : Anonymous (Querist) 19 September 2011
I dont think it would be called a ex-party order as the cases are state Vs so the AGA was present. There was no counsel for the informant (my wife) since the time case was filed last year he just filed a vakalatnama a month back dont no how his name did not appear in cause list.

The state versus cases are always defended by AGA though informant can appoint a counsel if required. The ground for quashing was a valid one which is the mediation settlement report- signed by all parties plus the Mediators.

Querist : Anonymous (Querist) 19 September 2011
The Quash happened on 18th August

Raj Kumar Makkad (Expert) 19 September 2011
Repeated query raised in 3 different threads.

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