Lord Ganesha (service) 03 February 2013

Can high court issue order disposing off all cases???

Dear Experts

My wife had filed the three cases in the trial court u/s 498 (A) , 125 and 502,406 . I managed stay order from the Allahabad High Court referring the cases to Mediation Centre. The Mediation failed .

later , i reached an out of court settlement with my wife for a certain amount for one time alimoney . but decided to pay through demand draft only.

My wife insisted to pay the money first and withdrawl of cases later and she is ready to file the joint petition for mutual divorce with the payment of one time settlement money immediately.

My parents and relatives are telling me to emphasise the withdrawl of the two criminal cases first by my wife. Further , Her lawyer is saying that the cases can be disposed off only by the AHC .

I talked a lawer at AHC and he told that he will file a "Parcha" and then the case will be listed and then a date will be given and i and my wife will have to appear before the judge with our affidevits that both of us have reached an out of court settlement and i will have to submit the demand draft for the settlement money and the draft will be given to my wife by the AHC and issue the order disposing off all the three cases in the trial court.

I talked the other lawyer but he didn't prescribed any of the procedure for withdrawl of the cases.

Please advice me.

Thanking you in advance.

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2 Replies

Sanjeev (Lawyer) 03 February 2013

it is true that the criminal cases can only be quashed at Allahabad HC. if you file a petition for Quash along with the compromise deed and your wifes lawyer attends with her Vakalatnama along with your lawyer than the AHC can dispose of the Criminal case in the first listing otherwise it would first issue notice to your wifes side to file their reply and that would take more time.

The local court dont have any power to Quash the case. If your earlier writ that referred the case to mediation is still not disposed off then you would not need to file another writ and your lawyer can get the same writ listed and file the affidavit and the compromise deed signed by you and your wife and get it quashed that would save time and money. It would be prudent to get the Criminal charges quashed as if MCD happens first and all money paid then you may be left with criminal cases hanging if she later refused too.