498a- disposed- uncontested lok adalat

The prosecution will start now by recording the prosecution witnesses and later on defence/accused evidence will be taken up. There is hardly any scoop of criminal revision at this stage unless the trail court commits any isse about the correctness, legality or propriety of any ginding, sentence or order, recorded or passed.The failure of mediation between the parties cannot be challenged in revision as such, however if you so desire for another mediation, Writ under Article 226,227 read with section 482 Cr.P.C may be filled in the High Court and request for mediation between the parties for amicable settlement and thereafter quashing of FIR under section 498A IPC.

Thanks Mr. Vijay Raj,

Its a very pointed answer. However mine is complaint case , no F.I.R yet. I am just wating for revision orders for further steps.

Thanks & regards

ABCD

No, if no FIR registered, there is no way to stop it being registered and prosecution in the matter stopped by any higher court, no scoop of revision.

The legal right of the wife to seek redressal and punishment for offence against her cannot be ignored viz a viz right of the husband not to be involved and prosecuted for false complaint/charges.

The trail court has to decide if the charges of offence under 498A IPC were correct or not, on basis of evidence of the prosecution, the higher court by no means decide this issue prior of completion of prosecution in trail court.

Yes if both parties reach an agreement, both can jointly plead to the High Court for quashing the FIR/prosecution process in the matter. The High Court doesn't in most of the cases order closure of prosecution unless there exist sufficient evidence on record in this regard that a false complaint has been made and registered as FIR, if wife otherwise is not ready for compromise or avoiding it.

Section 498A is a cognisable offence can only be proceeded on the basiis of the chargesheet/challan presented by the Police on the basis of the information that is registered as the FIR, a private complaint if made by the wife in the magistrate court is ordered to be registered as FIR and proper Challan presented if the Magistrate is satisfied of the complaint.

Thanks for quick & nice response.

order closure of prosecution unless there exist sufficient evidence on record in this regard that a false complaint has been made 

Thats the point, lets see.

Regards

ABCD

Please don’t be so confused.

Please apply for speedy trial and dispose of the trial within 6 months.

Please see my profile links carefully.