Nri

Yes.. this is the right way.. your lawyer might be the right person to consult you as he knows the case details.

My opinion is,

This is not at all good for you brother and wife.

For these cases most of the lawyers and judge wishes to delay the matter as much as possible.

Once you will become vexed then they will propose for alternate dispute solution (i.e MCD, Mediation, Mutual Consent settlement) by paying money. Even if you try to compromise by paying money then also these corrupted people breaches any agreement/deed of MCD in a recurring way by taking half of the settlement money to get more money. In consequence, you become bankrupt. There is no sanctity for Law of Mediation in India. Indian judiciary repeatedly tells people to go for alternate dispute resolution such as - Mediation, counseling, compromise, consent etc, but even after the dispute is solved by consent, you can be screwed till death / SC for 20-30 years.

Now time has come to withdraw mutual consent law.

You should file WP in HC for your brother and his family since they were in abroad at the commission of the alleged crime and you already acquitted from it. 

Please see my profile links for sample petitions and other clues. 

You can fire that lawyer and appear party-in-person on the next date.

Dear Rocky,

what is this WP?

and party in person

WP - Writ Petition.

party in person - PIP - means pleading by self (Without Acvocate).

Please see my profile carefully to know more.