Legal Question in Criminal Law in India

False complaint case 498a 323 504 506 3/4 filed by wife against husband & in laws in wife's residing place. Complaint has no evidences only verbal complaint. No investigation done by either police or CJM .Summons issued by local court never reached husband, finally NBWs issued. Husband filed 482 in High court, stay granted & matter referred to mediation cell. The dates of mediation somehow not conveyed to one party so mediation failed. Case sent back to high court.
Queries:
1. What are the possible outcomes of the case? (The outcomes can be either Quashing of case, case referred back to lower court with directive of Bail on same day or application dismissed)
2. What is the merit of case? How will it affect the outcome?
3. Can the case be referred back to mediation? How?
4. What can one do proactively so that matter remains at High court?( The opposite party is influential to manipulate proceedings at local court)
5. In case any adverse order passed, can it be recalled? What are the timelines?
6. Any suggestions/precautions for getting the case quashed?

Asked on 4/07/11, 10:03 am

Sanjay Kalra Sanjay Kalra & Associates

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0 attorneys agreed

The answers to your queries :-

1) Very difficult to answer without seeing your FIR and petition for quashing as to what role they have assigned to you in FIR.

2) Ditto

3) In some cases yes.

4) You have to plead your case in accordance with law and the facts of your FIR.

5)No .But you can go in appeal against that order to a higher court.

6) Scan your FIR and your Petition for advice on it.

Answered on 4/07/11, 8:05 pm

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