All witness depositions and cross examinations have been completed in the false 498a filed by my wife. The court has given 15 days on July 15th to settle the matter despite having been told that settlement is not possible...the APP is not putting her arguments forward, then on July 31st, APP requested time and now the next adjournment is on August 18th, but I have been hearing that she may request for mediation instead of putting her arguments forward so that defense arguments can be put forward. I don't have any trust on my wife with her false 498a filed with the intent of extortion and blackmail for money, hen e I don't even want to have a single word with her...no point in mediation after years of harassment with this case ..does the court have a right to summon me (husband) for mediation and failure to attend be considered against me during judgment phase. Also, despite one of the witnesses (our neighbour)that they had in the chargesheet and spoke on our behalf , the court still recorded it as someone who doesn't know about the family dispute and that APP has requested to withdraw this witness as hostile witness. During cross examination of the Investigation officer, the defense has brought up two inconsistencies mentioned by witnesses vs whats in the report and the officer did admit that these were not brought up by the accused or witnesses during the FIR or subsequent investigation. Finally, the defense has asked that these don't constitute matrimonial offenses under 498a to which he said yes, but then the court still in the copy of the deposition and cross examination recorded it as "It is not true that these don't constitute matrimonial offenses and that I filed false chargesheet". Unfortunately my lawyer said they record it this way only to protect the police which makes no sense of a fair process without any audio recording of the proceedings in court and how to point this to court. What can I do about this?
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After examination and cross examination no court would generally allow mediation. Since you have already suffered the travails of trial and if you are confidence in defence case then do not agree for mediation.
Unless both parties agree mediation does not occur.
It’s not right you should file an objection to it the court can’t record incorrect deposition
You cannot be forced to agree fir mediation
mediation is possible of both parties agree
if evidence has not been properly recorded your lawyer can on next date of hearing request court to rectify the error on record
If the witness deposition was incorrect or inconsistent to what was deposed by the witness standing in the witness box then it should have been pointed out by the witness before signing the deposition.
Besides the advocate who had cross examined the witness also can point out the inconsistency at that time itself.
This cannot be taken up at later stage.
The criminal offence under section 498a IPC is not compoundable hence it won't be referred for mediation that too at this stage of the case.
Moreover you cannot be compelled to accept the mediation process.
You can depend on the merits of the case and proceed as it is.
Mediation: You are not mandated to attend any Mediation proceeding. However, it is advisable to do so and understand the intent of the Complainant, as their plan of action may change over time.
Order discrepancy: File for a review of the order or an appeal against the order to have it rectified, as these orders will play a crucial role in adjudication of your matter.
In your situation involving a false 498A case filed by your wife, where all witness depositions and cross-examinations are complete and the court is suggesting mediation despite your refusal, there are several legal points and possible steps to consider:
Indian courts, including those dealing with matrimonial and criminal matters like 498A, have the authority to encourage or direct parties toward mediation or alternative dispute resolution (ADR) methods to reduce judicial burden and promote amicable settlement. This is supported under the Legal Services Authorities Act, 1987 and the Code of Criminal Procedure (CrPC) provisions.
If the court issues summons directing you to attend a mediation session, it is generally advisable to comply. Non-attendance may be viewed adversely, potentially impacting the court's perception of your willingness to resolve the dispute amicably. However, courts cannot compel you to settle against your will; refusal to mediate alone does not amount to admission of guilt or a negative inference unless other evidence supports that conclusion.
If genuine mediation seems implausible due to past behavior and mistrust, you can communicate clearly through your lawyer to the court that mediation is not feasible from your side. Your lawyer can submit a formal statement explaining your position without disrespecting the court or opposing party. This helps ensure the court is aware of your stance and reasons.
The recording of court proceedings is the responsibility of the court’s official stenographer or recording system. Unfortunately, many courts in India still do not have audio/video recordings. It is common for courts to frame questions and answers in a way to protect police or prosecution interests, which can seem unfair.
You can request your lawyer to file:
Application for Review or Clarification: To correct obvious errors in the court record regarding witness deposition or police officer’s statements.
Application for Recording Posted Evidence: Where feasible, your lawyer can request the court to rely more on documentary and oral evidence rather than just the police’s statement.
Request for Supplementary Evidence or Re-examination: If inconsistencies materially affect your case, your lawyer can seek court permission to present additional evidence or re-examine witnesses.
You may file an application for quashing the 498A complaint under Section 482 CrPC for abuse of process by malicious prosecution if sufficient proof of falsehood exists.
In cases of malicious prosecution, you can pursue defamation or claim compensation for harassment.
Avoid direct contact or communication with your wife outside court. Let your lawyer handle all communications professionally.
Keep thorough records of all court proceedings, notices, and interactions related to this case. This helps in appeals or further proceedings.
To conclude, while you cannot outright refuse court-mandated mediation without consequences, your position against mediation can be formally communicated and documented. Your lawyer should actively seek to correct any court record inaccuracies and stand firm against frivolous or false claims using available legal remedies.
If you need assistance in filing applications for quashing, review, or preparing arguments against forced mediation, please contact us at for expert legal support
Court cannot force you into mediation in a 498A trial; refusal won’t count against you at judgment.
If deposition records are incorrect, your lawyer can file an application for correction or raise it during final arguments/appeal.
Focus now: prepare strong written defense arguments and keep all inconsistencies highlighted for judgment.
In your situation, here’s a concise legal perspective:
1. Mediation Not Mandatory: The court may suggest mediation to encourage settlement, but you cannot be forced to participate. If you refuse, it cannot be held against you during the judgment phase especially when the case has already reached the argument stage.
2. Recording Errors in Deposition: If deposition or cross-examination records are inaccurate or misquoted, your lawyer can file an application under Section 311 CrPC or bring it to the judge’s notice immediately to get the error corrected before final arguments. Delays reduce your chances.
3. Hostile Witness Handling: A witness being declared hostile does not mean their statement is rejected outright courts still evaluate the testimony’s credibility independently.
4. Police Protection in Deposition: It's true that courts often avoid direct adverse remarks on police conduct, but if your cross-examination clearly brings out contradictions, these will still be considered at the time of judgment.
5. Your Action Now: Ensure your lawyer:
Files a written objection to incorrect recording of deposition.
Insists on final arguments if prosecution keeps delaying.
Documents all delays and non-cooperation from APP for record.
Stay firm on avoiding mediation if you're certain, and insist on moving to arguments and judgment without delay.
Court-Ordered Mediation
The court's encouragement of settlement, even after you've stated it's not possible, is a common practice in matrimonial disputes, including those under Section 498A. The aim is to resolve the matter amicably and save the parties from the time, expense, and emotional toll of a prolonged trial.
Can the court summon you for mediation? Yes, a court can order parties to attend mediation. This is done under various provisions, including those in the Code of Civil Procedure (though 498A is a criminal matter, courts can still leverage their powers to encourage settlement).
Will failure to attend be considered against you? While a court cannot force you to settle, a deliberate refusal to attend a court-ordered mediation session could be viewed as a lack of cooperation or an obstruction of the court's efforts to resolve the dispute. This could potentially be viewed unfavorably by the judge, though it's unlikely to be a decisive factor in the final judgment on the merits of the case. The judge's primary duty is to decide the case based on the evidence presented, not on a party's willingness to mediate. However, it's generally advisable to attend if ordered and state your position clearly and respectfully to the mediator.
Witness Deposition and Hostile Witness
Your concern about the neighbor's testimony is valid.
What is a "hostile witness"? A hostile witness is one who, in the opinion of the court, is not speaking the truth or is showing an adverse feeling towards the party that called them. When a witness gives testimony that is contrary to what the party expected, that party (in this case, the prosecution/APP) can ask the court to declare the witness "hostile."
Why did the court record it that way? The APP's request to "withdraw this witness as hostile" and the court's subsequent recording of it means the prosecution is disowning the testimony of that witness. This essentially tells the court that the prosecution believes the witness is not telling the truth and their testimony should not be relied upon to prove the prosecution's case. The defense can, and should, still argue that this witness's testimony is favorable to your case. Your lawyer should highlight this testimony and argue its credibility during the final arguments.
Inconsistencies in the Deposition Transcript
This is a serious issue that you need to address with your lawyer immediately.
"They record it this way only to protect the police." While it's true that court proceedings can sometimes be influenced by a desire to protect the integrity of the police and the investigative process, a blatant misrepresentation of a witness's testimony is a grave concern. The court's official record of the proceedings, the "deposition," is what will be considered by the judge and any higher court in an appeal.
What can you do?
Immediate action: You must bring this discrepancy to your lawyer's attention and insist that they take action. Your lawyer can file an application to the court to correct the record, pointing out the specific parts of the deposition that are inconsistent with what was said in court.
Affidavit: You and your lawyer can file an affidavit stating the correct facts and the discrepancies in the court record.
Cross-examination transcript: The defense lawyer should have a copy of their notes from the cross-examination. These can be used to support your application to correct the record.
Audio recording: While most courtrooms in India don't have audio recording, some do. It's worth asking your lawyer if it's possible that the proceedings were recorded.
Final arguments: Even if the record isn't corrected, your lawyer can and should highlight this specific issue during the final arguments. They can argue that the court's record is inaccurate and that the Investigation Officer did, in fact, admit that the inconsistencies do not constitute matrimonial offenses under Section 498A. This will challenge the credibility of the entire prosecution case and the investigation itself.
Summary of Actions to Take
Mediation: Discuss with your lawyer the possibility of attending the mediation session if ordered by the court. Prepare a clear, concise statement of your position to present to the mediator.
Witness testimony: Ensure your lawyer emphasizes the favorable testimony of the neighbor witness during the final arguments, despite the prosecution's attempt to declare them hostile.
Deposition inconsistencies: Insist that your lawyer file an application to the court to correct the record of the cross-examination of the Investigation Officer. This is a critical step to ensure a fair trial and protect your interests.
Legal Counsel: Given the gravity of the situation, it is crucial that you have a lawyer you trust and who is willing to fight for you. If you feel your current lawyer is not adequately addressing these issues, you may want to consider seeking a second opinion or changing counsel.
- The settlement through the mediation is a right of the parties in the case , and hence the court usually refer the matter for mediation , specially in such type of cases.
- Hence, it is not mandatory to appear before the medication , if you have no trust of her
- Further, at time of passing the judgment , the Court is bound to consider the cross examination of the witnesses.
The court can suggest or refer a case for mediation even at the arguments stage, but attendance is not mandatory in a criminal trial under 498A; refusal won’t legally prejudice you in judgment, though the court may note unwillingness. If deposition recording is inaccurate, your lawyer can file an application under Section 311 CrPC to recall the witness/IO or for correction in deposition, or move under Section 165 Evidence Act for clarification. For hostile witness recording, this is common practice. Without audio recording, contemporaneous written objections and certified copies are your best safeguard for appeal or revision.
There is no harm in mediation. See what is the result of mediation. If things work out through mediation it would be appreciated by everyone. However, if there is extortion then the mediator should note down his report and submit it in the Court which will definitely go against her as her intention was to harass you and extort money from you and it will go in your favour. Go for mediation and give it a try to resolve the dispute amicably.
From what you’ve described, you’re in the final stage of trial in your 498A case — evidence is closed, and now you’re waiting for arguments from both sides before judgment. The delays, the APP’s behavior, and the potential for mediation are all part of the tactics often used in such cases, but you do have rights and options. Let’s break this down:
Legally: Yes, under Section 89 CPC and related provisions, a criminal court (even in 498A) can refer parties to mediation at any stage before judgment, especially in matrimonial disputes, because the offence is compoundable with court permission.
But: Mediation is voluntary — you cannot be forced to settle or talk. If you don’t wish to mediate, you or your lawyer can politely state on record:
“My client does not wish to enter into mediation and requests the matter to proceed to arguments and judgment.”
Consequence of refusal: Refusing mediation cannot be treated as evidence against you during judgment — the court can’t infer guilt from refusal to settle. Settlement is about compromise, not proof of offence.
The APP seems to be stretching time — sometimes this is to give the complainant side more breathing room to push for settlement.
The withdrawal of a witness as “hostile” is normal when their testimony supports you. But remember:
Even if declared hostile, their testimony remains on record and can be used by the defence if it helps you.
The court cannot legally ignore it just because the prosecution disowns them.
This should be highlighted during your final arguments — your lawyer must remind the court that hostile witness testimony favourable to the accused is valid evidence.
Sadly, in India, depositions are recorded summarily by the judge/typist, not word-for-word, and there’s no audio in most criminal courts.
If your IO (Investigating Officer) said in cross-examination “Yes, these don’t constitute matrimonial offences,” but the judge recorded the opposite, your lawyer must:
File an Application for Correction of Deposition immediately, citing the specific line and requesting the court to compare it with the shorthand notes/rough record taken during trial.
If the judge refuses, get that refusal on record — it’s useful for appeal/revision.
If you let the wrong recording remain unchallenged, higher courts may presume you accepted it.
In the next hearing (Aug 18):
If mediation is suggested, state refusal clearly on record — “No possibility of settlement; kindly proceed to arguments.”
Push for defence arguments to be scheduled immediately after APP arguments.
On deposition errors:
File a written application before the same judge, highlighting the specific wrong recording and asking for correction.
Keep a copy for your records.
On hostile witness:
Prepare written submissions for final arguments where you cite their testimony and case law that hostile witnesses can still support the defence.
After judgment:
If the judgment goes against you, these issues (delays, hostile witness handling, deposition recording errors) become grounds for appeal.
