shalini (software engineer) 02 May 2012

Mediation questions

Hi All,

My brother is fighting against false allegation of 498a. I have a few questions regarding the mediation process below

( my brother , parents and sister has a false allegation of harassment and girl side has lodge a false FIR in police, We are able to get the arrest stay from Allahabad high court)

1. I know that there is no concept called anticipatory bail. Its just the bail which is only possible after the arrest. But our lawyer is saying that in case Mediation fails, my parents and younger sister will get the bail the same day. Then why my brother can't get the bail the same day. Why he has to be in jail even if girl does not have any proof of her false FIR and allegations.

2. the girl misused a medical report from a local doctor of her town for lodging the FIR. Now we have taken out that report by that doctor. So can we appeal for quashing that FIR at this stage when Mediation is about to start.

Please reply quick as Mediation is on next week. I have attached the arrest stay order from Allahabad high court.

Thanks

Shalini

Reply Follow

11 Replies

Ravinder (Director) 02 May 2012

Hi Shalini, I have just been through the mediation process for my brother. let me know what would you like to know about the same? I am happy to help. regards

cm jain sir (ccc) 02 May 2012

you file a quash petition in HC on this case immediately.

Read the following judgment how the arrest was averted and quashed.-

Allahabad High Court - Lucknow Bench

Dharm Raj Yadav And Others vs State Of U.P. And Others on 10 January, 2006

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW

Writ Petition MB 528 of 2005

Dharm Raj Yadav and others

petitioners

State of U.P. and others

Respondents-Dr. L. P. Misra, learned counsel for the petitioners

1 Like

Anupam Dubey (Unemployed due to 498A) 02 May 2012

Hi,

There is no rule that if mediation fails your brother cant get bail same day! Though it depends on the unfortunate 'normal rutiene view of your local district court'!

Even if mediation fails, if will be sent back to the court only to decide the matter on merrit! That opportunity can be used to pray to the court to direct the court below to enlarge your brother on interim bail, pending bail application!

As a normal routine HC gives this direction also...

Take care

Human (MRA) 02 May 2012

FIR Quashing is possible only after lodging of FIR.

If FIR is already lodged, then by now, your Bail hearing should have happened i.e. post stay on arrest.

If you are in Delhi, meet SIFF members (victims and fighters against the draconian laws like 498A) every saturday. You can look at their website (Save Indian Family Foundation), contact activists and be part of the meeting ti discuss your case and available remedies in place.

Anupam Dubey (Unemployed due to 498A) 02 May 2012

Just saw your stay order!

EVERYONE WILL BE GIVEN INTERIM BAIL, NONE OF YOU WILL GO TO JAIL FOR BAIL!

Your order says, "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."

If your brother hasn't applied for bail, seek time extension from HC and then apply for bail, to be on safe side...

surajkumar (mba) 05 May 2012

Visit www.498a.org

shalini (software engineer) 05 May 2012

thanks every one. I got so much of infromation from all of you. I will update as soon as we are able to sucess in quashing the false FIR..Shalini

(Guest)

Its various order result that your woman get bail same day.
Court know very well that mostly in such cases family members implicated without any sufficient reason. so court gives bail to woman mostly.
But because husband is main accused so court take 1-2 days imprisonment than grant bail.
You have to got stay order from HC.
Anticipatory bail is not maintainable in UP state.

shalini (software engineer) 11 May 2012

Thanks Prajapati for replying. How can we approach HC for stay when Mediation is already on the way. On the first date the girl didnt appear and 2nd date on 18th May. Can we approcah Hc for bail in advance in UP? Thanks a lot

Anupam Dubey (Unemployed due to 498A) 18 May 2012

You dont need to go to HC for bail! Let the mediation process go on; in the mean while make proper compliance to HC order, apply for bail in lower court, with a specific application/prayer to grant interim bail pending bail application, in compliance to HC direction given to the lower court!