High court mediation after charges are framed
Rahul Mendiratta
(Querist) 26 April 2014
This query is : Resolved
Dear experts,
In my 498a case, charge sheet is submitted and also charges are framed. My lawyer did not contest charges framing and advised to go to High Court later.
482 petition was filed recently after charges framing and my lawyer has not made much efforts to quash the case as evident in HC order and admitted that the case can be transferred to ​mediation.
Now lawyer is asking me to prepare a draft of Rs. 20000 which will be given to opp party.
Please suggest if it is really worth going for mediation now after all damage is done.
​If I don't pay, the application for 482 will get dismissed.
Is there any other implication of not paying amount and not going for mediation.
Please suggest.
Thanks
ajay sethi
(Expert) 26 April 2014
go in for mediation . you have to show that you are willing to arrive at an out of court settlement with your wife . . pay Rs 20,000 as per court orders .
Advocate. Arunagiri
(Expert) 26 April 2014
Normally the case will transferred to the mediation only if both parties are agreed to it.
If court had ordered for mediation at the request of the other party, you may appear in the mediation center and can say that you are not interested in mediation.
Then the matter will be referred back to the court.
Rahul Mendiratta
(Querist) 26 April 2014
Dear Experts,
I am staying in Bangalore and I will have to go to Allahabad for mediation.
I have analysed that the mediation will cost me approx 50,000 and besides the cost, Arriving at a conclusion is not possible as the other part is interested in money only.
They actually demanded 20 Lacs rupees when the case was in Mahila Thana and police was trying to mediate. I have some doubts on my further course of action.
1. If, I don't pay and go to mediation, then whether this thing will go against me?
2. Can, I go to mediation without paying...(I hope no, as the notice to the other party shall be sent only after I pay 20,000 to court)
3. We had applied for quashing to HC but HC sent the case to Mediation. The order does not have even a mention of quashing. I think the Lawyers have decieved us. Can we apply to HC for review of its order saying we are not interested in mediation and we want the legal process to take its own course.
4. If the mediation fails and the mediation centre sends its report to HC. What the HC will do with the report? Will the HC again consider our appeal of quashing the chargesheet u/s 482 automatically? or what the HC will do then??
Please suggest..
Thanks in advance.
Advocate. Arunagiri
(Expert) 26 April 2014
1. No.
2. Yes.
3. Review is not necessary, you can submit a letter to the mediation officer, that you are not interested int he mediation. This letter can be produced through your advocate. Based on your letter the mediation will be closed.
4.The failure report in the mediation, will not affect your main case. The Court will consider your original petition and will pass orders on merits.
Devajyoti Barman
(Expert) 26 April 2014
1.No
2. No
3.No need for Review. The court will hear the case once mediation fails.
4.case will be heard on merit in HC.
Rajendra K Goyal
(Expert) 27 April 2014
1. No
2. No
3. Court would proceed with the case.
4. Court would hear and decide on merits.
Rahul Mendiratta
(Querist) 27 April 2014
Thank You experts.
I'm planning to ask my Lawyer to submit a letter to Meditation Centre saying that I'm not interested in mediation because
1. As I am falsely accused it will be better for me to prove my innocence to Hon'able court.
2. Other party is demanding 15-20 lakhs which I'm unable to pay. For mediation also I'm required to pay 20,000 in cash and then spend another 20,00 for travelling and other legal , non legal expenses which is too much for me.
3. As they will demand money and I wont be able to pay, the mediation will fail again and court case will continue. There has been attempt to mediation earlier. In this case bail for all accused is done and charges are also framed which my lawyer could not contest as he went for personal emergency. So case is anyway continuing.
4. Other party gains in both options.
Please suggest if it is OK to submit these points.
Devajyoti Barman
(Expert) 27 April 2014
You have every right to resile from mediation. Ask your lawyer to say so in the court .
