Mediation 498a

Querist : Anonymous (Querist) 26 August 2011 This query is : Resolved
In UP there is a pprocess followed by Allahabad HC in 498A cases- when a criminal writ is filed in persuance of Article 226- Quashing of FIR the court refers the case to mediation and provides 'saty of arrest' with a direction that Mediation centre should submit its results and if its successfull the cases are quashed.

Can anyone confirm that what if the mediation is successfull and both the parties agreed and signed the mediation agreement which stated some conditions like applying MC divorce and some payment.
The boys side complied and paid the amount but then the girls side did not file MC divorce petition.

Now they are praying HC to vacate the stay. Is it possible to back out from agreement at mediation centre that was as per direction of HC.

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M.Sheik Mohammed Ali (Expert) 26 August 2011
your complaint made out 498a then how will convert to DV, the mediation means sitting before the mediator for in future both of them no cruelty each other and solve the problem,they guide and helping to avoid the family dispute.

Devajyoti Barman (Expert) 26 August 2011
If the wife in terms of the written settlement does not give the divorce even after receiving the settled amount of money then on that basis case for quashing u/s 482 crpc could be filed with success.

Querist : Anonymous (Querist) 26 August 2011
Mr M Sheik dont answer if you dont understand the query there is nothing where I mentioned DV here. I know what mediation means. The expectation here is expert reply and not a vague reply that dont make any sense.

prabhakar singh (Expert) 26 August 2011
Expert : Devajyoti Barman has rightly opined

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