LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Balaji (Self)     04 March 2014

498a lokadalaut

Hi All, Wife filed 498a DP 3 & 4 and after mediation, case moved to loakadalat and judge given last hearing after 90days. Last hearing me and my wife should appear on court.

Question:

1)After attending last hearing, Is judge will give 498a case closer letter? If so when we receive the case closer letter?

2)How we come to know whether case closed or not? Is there any way to check status?

Please advise. Thanks to all.



Learning

 12 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 March 2014

in lok adalat the matter can be settled but quashing will be filed before HC

Balaji (Self)     04 March 2014

Hi Sir,We had appeared me and my wife in lok adalat on 21.02.2014 and judge given last appearance and 498a case close date given on 21.05.2014.

1) Me and my wife appear on 21.05.2014,Is lok adalat court will give case close letter on 21.05.2014 same day ? How we can collect case close letter from lokadalat? Because I have to pay  settelement amount on that day to my wife and In agreement copy we mentioned after withdrawing all her cases we have to pay that amount to wife.

Please advise. Thanks......

Biswanath Roy (Advocate)     04 March 2014

Sec.498A IPC is a cognizable offense . The question of cognizibility of the offense might be dealt with on the next date of hearing .  Since it is a non-compoundable case it cannot be compounded even before the Lok Adalat, It is such an offense that the finality of the case is in the hands of a First Class Judicial Magistrate.

Balaji (Self)     04 March 2014

Hi Sir, Thanks for quick response.I am from Andhra Pradesh. Please advise on above question.

Biswanath Roy (Advocate)     04 March 2014

You may take help of a local lawyer with my opinion who can guide you.

Balaji (Self)     04 March 2014

Hi Sir, Sec.498A IPC is a cognizable offense and compoundable case in Andhra Pradesh. case moved to loakadalat and judge given last hearing after 90days. Last hearing me and my wife should appear on court. ,We had appeared me and my wife in lok adalat on 21.02.2014 and judge given last appearance and 498a case close date given on 21.05.2014.

1)    Me and my wife appear on 21.05.2014, Is lok adalat court will give case close letter on 21.05.2014 same day ? How we can collect case close letter from lokadalat?

 

2)    Because I have to pay  settelement amount on that day to my wife and In agreement copy we mentioned after withdrawing all her cases we have to pay that amount to wife.

 

Please advise. Thanks......



 

Balaji (Self)     04 March 2014

Hi Sir, Sec.498A IPC is a cognizable offense and compoundable case in Andhra Pradesh. case moved to loakadalat and judge given last hearing after 90days. Last hearing me and my wife should appear on court. ,We had appeared me and my wife in lok adalat on 21.02.2014 and judge given last appearance and 498a case close date given on 21.05.2014.

1)    Me and my wife appear on 21.05.2014, Is lok adalat court will give case close letter on 21.05.2014 same day ? How we can collect case close letter from lokadalat?

 

2)    Because I have to pay  settelement amount on that day to my wife and In agreement copy we mentioned after withdrawing all her cases we have to pay that amount to wife.

 

Please advise. Thanks......



 

T. Kalaiselvan, Advocate (Advocate)     05 March 2014

@Balaji:

If the matter has been decided in Lok Adalat, then while it has been reverted to the court, it will be a mere formal completion of the case, i.e. disposal by acquitting you.  The court after the case is being referred back by the lok adalat with its recommendation for disposal, shall make a note of it and will examine the witness and IO and shall pass an order dismissing/acquitting the case.  It may take a week's time also after which you can hand over the settlement amount to your wife.

Srinivas (.)     05 March 2014

/

Balaji (Self)     05 March 2014

Hi Sir ,Thanks for quick response.Chargesheet was not filed before appearing in the Lokadalat on 21.02.2014.

1) Is above process would be same after attending in last hearing on 21.05.2014  in lokadalat? or In lokadalat itself case would be closed? because chargesheet was not filed. 

2) After completion of the process,Is court will issue case close letter?Please advise.

Balaji (Self)     05 March 2014

Hi Please clarify on above query..........

Balaji (Self)     05 March 2014

Hi Please clarify on above query..........


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register