498a query (urgent)

So your query is about serving summons from HC, correct? Well, the next time they come to the lower court, ask your lawyer to serve the summons to them in front of the judge and get the signature. 

Originally posted by : Q Slinger
	So your query is about serving summons from HC, correct? Well, the next time they come to the lower court, ask your lawyer to serve the summons to them in front of the judge and get the signature.

ABSOLUTELY NOT. I have given all the details to ask for better options! How to get the case quashed without contesting?

Originally posted by : Kapil Chandna
	Dear, On the basis of the settlement deed u must have entered while taking mutual consent .... Tell court that she is demanding money and mentally harassing you .... Rather an action be taken against her .... Send her a legal notice telling if she Don't come to court she will be prosecuted for other offences as well and she will mend her ways possibly .... Kapil Chandna Adv 9899011450

Thanks Sir, but how to prove her lame demand? Conversation was held between adv and the girl via mob. Does that count as evidence?

you want the case quashed without the opposite party knowing!!?? NOT POSSIBLE! Part of the quash procedures is that the opposite party has to be notified...if not, the case will be pending and judge won't take action on it!

We have intimated them via speed post which they didn't accept. Is that my fault??? Did I ever implicate that I want the case quashed without notifying them??? How to prove her lame demand of 10 lakhs? Conversation was held between adv and the girl via mob. Does that count as evidence?

Its not your fault..but the court procedure is the court procedure. HC judge won't entertain the case till the opposite party has been notified.

Its a standard practice for the opp party to refuse notification just so they can delay the case. In that case you can serve a copy to his lawyer as well...maybe this time you can fim them secretly when the mail man goes there to deliver the letter to show that she is refusing to take the notice.

Or, as mentioned previously, serve them the notice when they attend the dates in the lower court. 

As per the conversation between your advocate and her, I am not sure if you can use that as evidence. But am sure the experts can comment on that. 

Ok Q Slinger... understood. Can you or the seniors kindly confirm that is there any chance of the HC judge taking cognisance of the matter and delivering an exparte judgement? She is clearly trying to delay which is her primary motive.

There is no reason for you to be worried. The petition for quashing before the HC was agreed to be filed mutually. Now that she is not co operating, she is barred by estoppel from retracting from her previous undertaking. Have her summoned before the HC. There will be two pissiblities:

1. She agrees to have it quashed. In that case all well

2. She disagrees to co operate. In that scenario ask your lawyers to argue on the aspect of why the trial is no longer required to be conducted keeping in view the settlement arrived between you two. Remember quashing can be exercised by the HC suo moto and its nt always with the intervention of both parties mandatorily. If you can convince the judge, that the trial is being carried out despite there being a written undertaking betwene you both to quash it mutually, th judge would appreciate that the trial continuing shall be violation of justice and he can quash the FIR on his own motion too

Augustine Chatterjee

9999931153

Originally posted by : Augustine Chatterjee
	There is no reason for you to be worried. The petition for quashing before the HC was agreed to be filed mutually. Now that she is not co operating, she is barred by estoppel from retracting from her previous undertaking. Have her summoned before the HC. There will be two pissiblities: 1. She agrees to have it quashed. In that case all well 2. She disagrees to co operate. In that scenario ask your lawyers to argue on the aspect of why the trial is no longer required to be conducted keeping in view the settlement arrived between you two. Remember quashing can be exercised by the HC suo moto and its nt always with the intervention of both parties mandatorily. If you can convince the judge, that the trial is being carried out despite there being a written undertaking betwene you both to quash it mutually, th judge would appreciate that the trial continuing shall be violation of justice and he can quash the FIR on his own motion too   Augustine Chatterjee 9999931153

Sir, how to prove she is married? 200% she is.

Originally posted by : Augustine Chatterjee
	There is no reason for you to be worried. The petition for quashing before the HC was agreed to be filed mutually. Now that she is not co operating, she is barred by estoppel from retracting from her previous undertaking. Have her summoned before the HC. There will be two pissiblities: 1. She agrees to have it quashed. In that case all well 2. She disagrees to co operate. In that scenario ask your lawyers to argue on the aspect of why the trial is no longer required to be conducted keeping in view the settlement arrived between you two. Remember quashing can be exercised by the HC suo moto and its nt always with the intervention of both parties mandatorily. If you can convince the judge, that the trial is being carried out despite there being a written undertaking betwene you both to quash it mutually, th judge would appreciate that the trial continuing shall be violation of justice and he can quash the FIR on his own motion too   Augustine Chatterjee 9999931153

After 4 orders the case stands as it is. Every HC judge is extending the stay on proceedings in the LC for 3-4 months (that was the first interim order) but not doing final hearing. All the orders say, "Let the matter appear next time under Contested applications" but the case doesn't appear under Contested applications in the cause list. My lawyer appeals for extension of interim order and the judges extend it. 

So I am going round and round.I am tired, frustrated and demoralized. Please suggest and advice.