498A order - Need Advise to understand
Guest
(Querist) 04 September 2010
This query is : Resolved
I have the below order for arrest stay from Allahabad high court in a 498A case. The order says that after mediation the case shall be listed in the second week of September and until then the arrest of petitioners is stayed. My question is that the case is not yet listed and not likely to be listed till oct as mediation dates are in october...so would it meen that unless the case is listed and heard after report of mediation centre the case shall remain stayed and arrest of petitioners would be stayed until then.
In case mediation fails then what would the court decide as the case in lower court is stayed and chargesheet is not yet filed.In case the Mediation fails then what would happen on the listing date in HC would it be transferred back to the lower court. In that case what would be time when we apply for bail as the date its dismissed from HC so would it mean that we are absconding till the time we apply for bail or HC will give some time to us to apply for regular bail.
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, 323, 504, 506, 377 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
Devajyoti Barman
(Expert) 04 September 2010
If you have already deposited the said Rs 10,000/- as per the direction of the court and the mediation is initiated then till its conclusion the order of stay will remain effective. Only after the mediation completed either in positive or negative manner, the high court then will take fresh decision regarding the stay of arrest.
s.subramanian
(Expert) 04 September 2010
Yes. I agree with Mr.Barman.
PJANARDHANA REDDY
(Expert) 05 September 2010
THIS IS A CONDITIONAL INTERIM ORDER,THE STAY REMAINS ALL THE WAY OF MEDIATION.
IF YOUR ADVOCATE INITIATES EVEN AFTER MEDIATION ALSO IT CAN BE EXTENDED NORMALLY SINCE CONCLUSIONS IN MEDIATION REPORT TAKES SOME TIME.
Guest
(Querist) 05 September 2010
How many sessions does Mediation centre usually take before transferring the case back to the court. In case the mediation fails on the date of final listing of the case will the case be dismissed and transferred back to the local court and then would we need to apply for bail.
PJANARDHANA REDDY
(Expert) 05 September 2010
why bail, ask for the stay of arrest to continue-
Guest
(Querist) 05 September 2010
The case would continue in the lower court once mediation fails as the high court would dismiss the writ petition so why would it stay the arrest further.
N.K.Assumi
(Expert) 05 September 2010
IN THE HIGH COURT OF DELHI AT NEW DELHI
07.08.2007
Present: Mr.R.P. Yadav, Advocate for the petitioner.
Ms. Rajdipa Behura, Advocate for the State.
W.P. (Crl.) No.849/2007
This petition under Article 226 of the Constitution of India read with
Section 482 Cr.P.C has been filed by the petitioner for dropping of proceedings
pending before the CAW Cell, Amar Colony against the petitioner and his family
members on the ground that the complainant wife has already made a complaint
under the provisions of Domestic Violence Act in the Court of learned
Metropolitan Magistrate, Patiala House Courts. Her allegations made before the
Metropolitan Magistrate and CAW Cell are ditto.
CAW Cell is an agency created to make efforts for reconciliation between
the families before initiation of criminal proceedings on the complaint of the
wife. The petitioner is at liberty not to appear before the CAW Cell. No
coercive action can be taken by the CAW Cell, compelling an unwilling person to
put in appearance before it. CAW Cell can conduct proceedings only where both
the parties are ready and willing to join the proceedings voluntarily.
I consider that there is no reason for the Court to pass any order in
respect of proceedings before the CAW Cell as these proceedings are not judicial
or quasi-judicial nor proceedings in the investigation of the crime. They are
only reconciliatory proceedings. The petitioner is at liberty not to join the
proceedings before CAW Cell.
In view of the foregoing discussion, this petition is not maintainable
and is hereby dismissed as such.
Dasti.
August 07, 2007 SHIV NARAYAN DHINGRA. J.
rd
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