LawRato

Can FIR quashed on basis of mediation terms be reopened on non-complia


22-Sep-2023 (In Divorce Law)
FIR in 498a 377 420 504 506 406 3/4dv has been quashed by single bench High court on ground of meditation agreement terms agreed to be complied in future in pending divorce case. But the divorce case is still pending and the final settlement amount is not being paid by party. Can the fir be reopened in this case for non-compliance by one of the party? If yes then where the application has to filed at high court itself or supreme court?
Answers (5)

Answer #1
989 votes
You file contempt before hight court if you have mentioned all the terms and conditions in high court at the time of quashing and highlight all the points that have been breached. Non compliance of any direction of court is contempt in the eye of law. So you may please proceed the same before high court.
Helpful? LawRato LawRato
Advocate Barjinder Singh

Adv. Barjinder Singh

LawRato Lucknow | 25+ Answers
Chat with Advocate Barjinder Singh Chat 
Answer #2
958 votes
dear client as per your query the answer is yes as on what ground amicably you both have decided as per agreement in mediation has to be seen and has that been illustrated in the judgement for future paid consultation please contact us with your relevant documents.
Helpful? LawRato LawRato
Advocate Rahul Rathi

Adv. Rahul Rathi

LawRatoAllahabad | 700+ Answers
Chat with Advocate Rahul Rathi Chat 
Answer #3
761 votes
Hello... Sir kindly provide the High Court Order as your information is neither complete nor exact... so i cannot give you any surity about the work hence no suggestions if things are not clear... Kindly provide me the Case No. filed in the High Court and the Case Crime No. of F.I.R.... So that things may be exact... Kindly call or text for more information.... Thank You...
Helpful? LawRato LawRato
Advocate Sakshi Jaiswal

Adv. Sakshi Jaiswal

LawRatoAllahabad | 100+ Answers
Chat with Advocate Sakshi Jaiswal Chat 
Answer #4
845 votes
आप मुझे पहले आदेश दिखाए, माननीय उच्च न्यायालय का, क्योंकि ज्यादातर मामलों में माननीय उच्च न्यायालय द्वारा आदेश में लिखा जाता है कि शर्ते पालन होनी चाहिए, अन्यथा की दशा में आप केस को दोबारा चला सकते हो
Helpful? LawRato LawRato
Advocate Radhey Shyam Pandey

Adv. Radhey Shyam Pandey

LawRatoLucknow | 25+ Answers
Chat with Advocate Radhey Shyam Pandey Chat 
Answer #5
789 votes
You don't have to look for the FIR instead you should file a contempt petition in the High Court for non compliance from either of the parties. if there is any issue with the contract made between the two parties during the mediation and some modification has to be made you can also go for that.
Helpful? LawRato LawRato
Advocate Uzma Afsar

Adv. Uzma Afsar

LawRatoLucknow | 50+ Answers
Chat with Advocate Uzma Afsar Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato