Steps after Mediation Failed in 498A case
V
(Querist) 21 July 2011
This query is : Resolved
Hi,
My sister has been through a bad phase of Dowry torture by the Groom side for last 2 years. Finally, we had to register a case under section 498A in Ghaziabad. The case was directed to Mediation Center by Allahabad High Court after the Groom side filed petition in High Court to Quash the charges against them. The case had FAILED IN MEDIATION and the report is sent back to the High Court where further hearing is yet to happen.
Question:-
1. In this case when the Mediation is failed, will the Court dis-ban the Stay ordered for Arrest of the Culprits (Groom + Family members named) ?
2. What will be next step from court and Police in this case as there was no action by the Police after the case went to Mediation?
3. Does Police Investigating Officer has dependency on Court's Order to submit their Final Report?
Please suggest.
THANKACHAN V P
(Expert) 21 July 2011
1.Since the mediation failed, 482 will be decided upon merit by the HC.If it is dismissed, then the the police can proceed with the investigation including arrest
2. Further proceeding by police if any including final report only after the order of the HC on 482.
V
(Querist) 21 July 2011
Thanks for the response Sir.
We have ben told by the lawyer that in such cases, if mediation fails, High Court orders to Cancel the Petition in a sequence. Is there any other aspect for which the Groom's family can take an advantage before High Court? Is there anything more that we should to do so that the Groom side is not miss-using some other open thread.
Please note that this is the case of Fraud, Dowry and Domestic Violence.
Devajyoti Barman
(Expert) 21 July 2011
Do not worry, if the section is 498A only then getting bail should not be a difficulty especially for the in laws.
V
(Querist) 21 July 2011
I am TRUELY Thankful to this forum which is helping me to get the insight I was actually struggling for quite some time.
Do I need to hire a lawyer seperately at Allahabad High Court to represent case from our side? Currently we are in Ghaziabad and the FIR was also logged in Ghaziabad. Possible once the petition is Cancelled, the case will resume in Ghaziabad Court.
The case is for 498A. Please suggest if we should do some more readiness before the hearing so that the Bail for InLaws can be avoided. The situation demands as they are equal culprit in harassing the Bride and his Family.
N. AKSHAY BERI
(Expert) 21 July 2011
THE LAWYER WHIH YOU HAVE ENGAGED IN GHAZIABAD CAN APPEAR IN ALLAHABAD HIGH COURT THERE IS NO NEED TO HIRE AN ADVOCATE SEPEARTELY.
