Failure of mediation
sunil rai
(Querist) 22 July 2016
This query is : Resolved
False case filed under sec 498a and other associated acts by wife of brother in law.name of my wife also draged in this matter . however my wife is staying with me and also working and never visit his mother home as her mother is staying at our place only.my wife is staying with me since 2003 and brother in law was married in 2010 and case filed in 2015. case procedings satyed by honble allahabad high court and referred to mediation centre .i want to know what will happen if mediation fails as all members are named in FIR whether he /she is staying there or not. i have send attendance verified by deptt, to IO mahila than what should be nexrt step now/ kindly guide
Advocate Kappil Cchandna
(Expert) 22 July 2016
Sir,
If the mediation fails go for quashing with respect to the accused persons you believe are not involved in it.
Warm Regards
Kapil Chandna Advocate
9899011450
sunil rai
(Querist) 22 July 2016
no i m not named in FIR
R.K Nanda
(Expert) 23 July 2016
Contact local lawyer.
Rajendra K Goyal
(Expert) 23 July 2016
If mediation fails / FIR lodged try for anticipatory bail and for quashing of the FIR.
P. Venu
(Expert) 23 July 2016
Let the Police investigate. They are under instruction not to take any hasty steps, including arrest.
sunil rai
(Querist) 23 July 2016
The day of allegation by his wife mentioning her harassament my wife was at his place and i have submitted verified attendance of her in which she was present in her office 5 months before and 3 months after date of incidence mentioned ,will it not be sufficient?
Adv FAMILY COURT Misra
(Expert) 24 July 2016
since in UP there is no provision of anticipatory bail,bail on same day is possible.Move an application of quashing of FIR,Adv Family court Misra
sunil rai
(Querist) 24 July 2016
is it not resposibilty of IO to verify the facts
Guest
(Expert) 24 July 2016
Mr. Sunil Rai,
Your query based on your assumption, "if mediation fails" is quite premature. Nothing can be anticipated in a 498a case.
Your further question, "is it not resposibilty of IO to verify the facts," is also vague, as where the question arises of verification of facts, when the stands referred for mediation by the HC.
By the way, what is the opinion of the lawyer hired by your brother or family members? You have not discussed about anything on that aspect.
sunil rai
(Querist) 24 July 2016
Advocate had said that first it will be tried for sucess of mediation,in case it fails case will be only on husband
Guest
(Expert) 24 July 2016
So, wait for the outcome of mediation.
sunil rai
(Querist) 24 July 2016
thanks @ P S DHINGRA SIR,P.VENU,KAPIL CHANDANA,R K GOYAL
Guest
(Expert) 24 July 2016
You are welcome.
