Arrest stay in up

The mediation is a attempt to solve the matrimonial dispute by way of compromise. The way it goes is that the Allahabad High court mediation centre would appoint a date for mediation ( if the mediation is at Allahabad High Court) and at the appointed date both the parties would appear. The mediator would try to get a compromise done there are just three options 1) you start living together 2) you seperate and pay alimony 3) Mediation fails and case continues. If you settle the case at mediation centre than basis the compromise your case would be quashed and you would never need to take bail. If it fails then mediation centre would submit its report to court and when the case is listed the court would cancel stay of arrest and ask you to seek regular bail within a fortnight. Post bail the trial would start.

Anticipatiory bail is valid till the conclusion of the trial.  Mediator means a person who try to make compromise between both the parties.

AB is not applicale in UP

In UP mostly Allahabd HC is giving direction for disposing off bail on the same day.

 

When the mediation would fail and the case is remanded back, this is the direction which would be given to the trial court.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

thanks for the reply to all.... here is the copy of the arrest stay which my friend got from allahabad high court....please direct us what to do next .....

that
dispute can be settled amicably between the parties and the petitioners are
ready to deposit expenses for the mediation, it is provided that if the
petitioners deposit Rs. 7000/ before District Legal Services Authority, Meerut
out of which Rs. 5000/ shall be given to Smt. Priyanka Gupta on her
appearance before the mediating agency and appears before the Magistrate
concerned within three weeks from today, the magistrate concerned shall
release the petitioners on interim bail on their furnishing personal bonds.
After releasing the petitioners on interim bail, the magistrate concerned shall
himself or through any agency existing for mediation/conciliation or
counseling in the district send the matter for mediation/conciliation or
counseling and in case the matter is amicably resolved in the said
proceedings, the Investigating Agency and the court concerned may take a
decision as to whether final report may be submitted or appropriate orders be
passed in the criminal proceedings. The mediating agency shall inform the
factum of success or failure of the mediation within one week of conclusion
of the mediation/conciliation proceedings. In case the matter could not be
resolved in the mediation proceedings, the court concerned may consider the
matter of final bail on merits in accordance with law.
The mediation proceedings should be concluded within a period not
exceeding three months from the date of initiation of the proceedings.
However, if for any unforeseeable reason it become imperative to seek
extension of time for concluding the mediation proceedings, the concerned
Magistrate shall be empowered to grant such extension of time as he deems
fit and proper.
For a period of three weeks from today or till the petitioners appear/ surrender
before the court below and apply for bail ( whichever is earlier), the
petitioners shall not be arrested in the aforesaid case crime.
It is made clear that if the petitioners fails to appear before the court
concerned for the purpose of applying for bail within the time allowed or fails
to deposit the sum as directed above, the relief given by this order shall not
apply and no further extension of time will be given.

 

please tell me now we have to surrender to magistrate within thee weeks which we will do as early as possible but if the mediation fails than what would happen to our arrest stay order...

the magistrate will grant you interim bail and once he gets the mediation results , he would act in the following manner, if mediation is a success the case will be quashed and you wont need a bail the criminal charges will be quashed but if it fails then your final bail application would be heard on merit.

 

As of now seek interim bail within timeframe given by hc and then go for mediation when the dates are fixed see if it gets resolved amicably nothing better than it instead of going for endless litigation. but if it dont than you dont have any option than to seek final bail and face trial.

You have been rightly advised.

 

thanks to all for ur reply......will surrender n get the interim bail as early as possible....

even we wnat compromise and mutual divorce settelement..

Then go with open mind.

 

However, if the terms are not condusive, be prepared for a long battle.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

we had taken the interim bail on 20.04.2012 and got dat for mediation as 08.05.2012.

but recently we have got some proofs that my friends wife had got wrong medical on the pretext of accident and on basis of that medical police had registered  FIR against my friend under section 498.

Is there any way that we can appeal again for quashing of FIR in allahabad high court so that FIR can be quashed on basis of wrong medical which they had submitted.

Please suggest whether FIR will be quashed by Court or by Police themselves , please suggest asap.

Thanks