WHAT HAPPEN IF MEDIATION FAILED IN 498A . AND CASE BACK TO COURT

If the mediation fails then the mediator will send back the case to the trial court with remarks 'mediation failed', after that the trial court will begin the trial as prer procedures of law.

respected sir .. that's what I want to know .. what procedure takes place now.

Dear Client, If the mediation fails, then the investigation will be going on, and finally Police Report will file before the court for more clarification you may contact us then I'll explain properly about your case.

Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990.

Matter will be decided by court by taking evidence of both parties and considering material on record.

Hi Manish, I’m Adv Niharika and here is my take on your query.

Mediation process is kept under the law for the benefit of both the parties. It is an effort to bring both the parties to an amicable settlement if it benefits the two.

It is not necessary that they reach a conclusion, a mediation proceeding also fails. When such an incident happens, the case is sent back to the court and then the process of a regular trial starts.

Now since this is a case under sec 498–A, IPC, it will be dealt like a warrants case, which will commence with the compliance of sec 207, CrPC that is supply of copies (incase of a case instituted on a police report) and if the case was instituted otherwise than on a report by the police, then the magistrate will take the prosecution evidence first.

Then after taking the evidence of the prosecution if the magistrate finds that no case is made out against you (accused) then he may discharge you (that is the case will be dismissed against you) but if he finds reasons to be just and valid to make a case against you then you will be charged by the magistrate and the trial will go on then. You will bring your evidence of defence to prove your case. Accordingly based on the facts, circumstances and merit of the case, you will be either Acquitted (when you are found not guilty) or convicted (meaning, you will be held guilty) with find/imprisonment up to max 7 years or both. 

I’m attaching a relevant thread for your ease and convenient reading below. Kindly find the link.

https://www.lawyersclubindia.com/experts/steps-after-mediation-failed-in-498a-case-212271.asp

I hope this information is fruitful to you. In case you have further questions, you can reach me via email at Niharikalohan@yahoo.com

 

Well Manish, It depends at what stage the case is sent for mediation. Can be sent before or after registration of FIR or in between the proceedings of a case may be before or after framing of charge.  Not always necessary to send before trial takes place. Suppose, it is sent after Evidence for prosecution and completion of Section 313 proceedings, and when the case is revert back to court then court will continue taking evidence for defence.

Adv. Niharika has perfectly placed the procedure of trial before you. You can catch up with it.

And max punishment for this offence is 3 years and Fine. It is not 7 years. Fine must be imposed upon the accused because the word 'and' is used in between.

no facts hve been stated.                            

Fact it that.. i gt anticipatory bail from high court . high court order to love this case in mediation centre but it won't work . and case back to court

If the mediation fails then the case would be reverted to the trial court for further proceedings.

How much more time it will take to move  in session court for further proceeding?