pujols20 (Techie) 29 April 2011
HC ordered stay in DV case.
Meanwhile if the settlement talks goes fine and agree for mutual consent, what is the process of getting the case dismissed ? Since HC ordered stay, will lower/session court have the authority to take dismissal action ? or should we approach the HC for dismissal. or is there any other best way? Please suggest.
Thanks
Kiran Kumar (Lawyer) 29 April 2011
the HC can quash the proceedings, you place on record the compromise so effected between the parties.
the HC may also direct the other party to withdraw the said DV case in view of compromise.
the necessary ends will be met in any manner but its a matter of discretion.
Tajobsindia (Senior Partner ) 29 April 2011
I agree to Ld. Kiran
Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 29 April 2011
Dear Querist,
From the facts it appears that the Hon'ble HC must have formed an prima facie opinion in your favour before passing a stay in DV case. If in the meanwhile any settlement is arrived at by you with otherside, the same may be reduced into writing and settlement/compromise deed should be broguht forth in the pending proceeding in HC. That being so, Hon'ble HC while exercising vast discretionary jurisdiction u/s 482 CrPC, may direct the DV case quashed, recording said chain of events and also while doing, the HC may direct for recordal of mutual consent between the parties and dispose off the matter by the lower/session court.
Trust this would suffce.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi.
pujols20 (Techie) 30 April 2011
Thanks all for the replies.
Arup (UNEMPLOYED) 30 April 2011
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will lower/session court have the authority to take dismissal action ? --- NO.
or should we approach the HC for dismissal. --- YES. FOR WITHDRAW THE STAY, THEREAFTER PRAY TO LOWER COURT.
or is there any other best way?
--- HC ALSO HAS TE POWER TO SETTLE THE CASE, AS STAY OF HC, IS GOING ON.
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