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Ravinder (Director)     02 May 2012

Girl side backing off after successful mediation

Dear Learned Members,

After a two year long struggle fighting 498 a and 406, the honorable high court had referred the case to the High court mediation center. The medication was successful after a few meetings and as per the mediation an ammount was set to be paid by us ( Boy's side) to the girl and 50% was to be paid within two weeks.

The mediation was signed by the girl herself and the mediation says that all cases have been resolved and end with this mediation. The mediation was conducted by the honorable retired judge of high court.

50% was paid in the time in front of the sitting high court judge for which a separte application was moved by our counsel iterating successful mediation and its terms. The draft was accepted and encashed by the girl's side.

later when we asked for quashing of 498 a the girl's side is now saying that they want to back off and want to further pursue the case.

I have following questions

a) is it possible for someone to back off from high court mediation and later acknoledged by the court and money also paid through the court

b) If we move a quashing petition to quash 498a  to the court based on mediation and us honoring the terms laid . What are the chances of it getting quashed based on successful mediation. Can the girl's side contest it now?

c) What other options we have to stop the girl's side backing off

d) Since they have accepted the draft in court, can we move a contempt of court ( Two months have ben given to settle and all cases to be withdrawn and there is still another month).

Thanks in advance for your guidance

 

Regards

 

 

 

 

 



Learning

 1 Replies

Anjuru Chandra Sekhar (Advocate )     02 May 2012

"........later when we asked for quashing of 498 a the girl's side is now saying that they want to back off and want to further pursue the case."

 

Quashing of 498A is not the job to be performed by girl and her relatives.  It is to be done by HC under inherent powers available under Cr.PC.  No need to ask them anything.  Inform the court following due procedure of law consulting your Advocate about negotiated settlement about the agreement arrived at, file the copy of the agreement along with the application you move.  If the other side do not honor the negotiated settlement, bring it to the notice of HC through due process of law through your Advocate.


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