Mediation fail in 498a & dp act
vishal singh
(Querist) 25 July 2015
This query is : Resolved
my sister lodged fIR against their in laws court send us to mediation center simultaneously they apply for bail in highcourt but it rejected now mediation is fail.what are the options now for them?our motive is to send them to jail because they involve in cruelty with my sister now what are the steps we can take to assure them for sending to jail?
Advocate Kappil Cchandna
(Expert) 25 July 2015
Sir,
If the meditation and bail both has been failed, then they are bound to surrender because generally when the matter has been refereed to the mediation, there must have been a period mentioned for the time to surrender.
Move an application before the concerned court and seek their surrender.
Warm Regards
Kapil Chandna Advocate
9899011450
vishal singh
(Querist) 26 July 2015
can we do anything which cancel their bail application?
Rudrawar Narayanreddy
(Expert) 28 July 2015
bail depends on the facts of the case only 498A bail will be given recently apex court order not to arrest unless there is serious nature of allegations. Unless there is other penal offences attracted such 326 there is chance of rejecting bail on surrender otherwise court may give bail. One thing should be remembered in family matters once husband is sent to jail he will not compromise as his eqo is hurt and ruin life of woman.
Better wait for some time so that may take your sister back
SAINATH DEVALLA
(Expert) 28 July 2015
The fast track courts which are being proposed will enable women to prosecute men faster. 498a cases are notorious in the judiciary for being composed mostly of false allegations. Everyone from the CAW Cell to the Law ministry to the Chief Justice of India are aware of this problem. So they are unlikely to create fast track courts for these disgruntled wives. This is especially true in the context of the much more serious suffering which is undergone by people who get killed, raped, or maimed during crimes, and they are the ones who will get the first benefit of fast track courts. Also remember that when God takes away with one hand, he gives something with the other. If proceedings are made quicker then the suffering of 498a accused will be shortened, and their chances of coming out of this ordeal will improve considerably.
Remember, in 498a cases there is negotiation and compromise possible at any stage in the proceedings right from the initial CAW Cell stage to the Supreme Court SLP stage. Foolish complainants compromise after wasting a few years. Wise ones compromise immediately, take their money, and run. So your anticipatory bail will ensure that you get to spend zero time in prison or in police custody.
