498a & 406 has been filed 1year before.
Summary of my step by step proceedings:
1) A3 got AB.
2) A1,A2 went to mediation cell
3) All her items are returned. Got statement from them 'All differences are amicabally settled. all the articles exchanged. No further claims allowed regarding case no.XXX' and A1,A2 got AB
4) Opposite party got direction from HC to expedite preparation of CC final report.
5) A4(Husband) got AB
6) A4 applied quashing and stay. It went to first hearing. Opp party intervened and said CC is prepared. We didnt get stay yet. And quashing is pending for last 6 months.
7) A1,A2,A3 applied in lower court not to admit charge sheet.Reasons: Half handed CC. praying for proper re-enquiry under the survilence of lower court magistrate,and enquire the neighbours.
CC not admitted yet. And it is dragging for 6months
8) A4 applied in HC to recall HC direction(4). HC advised to apply for maintainability of this application.
Applied Maintainability of this application with the reasons (4) is expartee,Illegal & Invalid,Supression of vital fact (mediation report),our civil rights (7) is getting affected because of (4)
HC lawyer produced sample judgement of Supreme court.
This Maintainability of application got rejected saying There is no need to intimate accused persons to get the direction,(7) has been initiated after(4),
Supreme court has only advised HC to recall such order if there any arithmetic error in direction. Judge was saying old example judgement.She is not accepting my HC lawyer example judgements.
Advise & service required:
Doubt1:
HC lawyer advised us to apply in supreme court to advise HC to allow our maintainability application to recall (4) and give use interim stay of FIR . Can you please advise is this correct step for us?
Doubt2:
Allow them to admit CC. And apply quashing CC in HC and face trial?A4 is not in india how can he face trial?
