Still we need to pay the litigation expenses
Raj
(Querist) 19 April 2016
This query is : Resolved
I have filed the quashing petition u/s 482 crpc against quashing of charges 498-A/406 IPC. the Ld single Judge has directed to pay Rs 1 lakh to the complainant as litigation expenses. we filed the Special leave to appeal in Supreme Court , the impugned order of the High court stayed and the matter was refer for mediation cell, The High court sine dine the matter and mediation carries for the period of more than 10 months and we pay necessary expense for mediation. In between, the trail has been completed. The mediation fails, and the supreme court dismissed our special leave petition
Now, since the trial has been completed( but final order has yet to be pronounced), and there is no scope for quashing petition as this stage
1Now, the question arises, if we donot press the quashing petition and withdraw/or remain absent still we have to pay the Rs 1 lakh to the Complainant?
2In case we get acquitted , still the High court force us to pay the litigation cost to the complainant
P. Venu
(Expert) 23 April 2016
From the facts, you are liable to pay the cost imposed by the High Court. If you are acquitted on merit, you may file a review petition in the HC.
Raj
(Querist) 29 April 2016
sir, THAT WAS QUASHING PETITION and we have been directed to pay the litigation cost to the complainant
since trail has already been completed, and we will not press on quashing petition, because stage of quashing has now been over. if we donot press, still we have to pay
On 482 Crpc, no review is permissible
