Is a complaint useful ? in queshe of FIR
shekhar_adv
(Querist) 17 February 2009
This query is : Resolved
A queshe case is going on before HC since oct 2007, Delhi against FIR...Stay has been granted... HC is asking the boy/petitinor prove that your mutual consent has been done with the respondent...
prior to above, This girl/ respondent has filed a complaint in 23rd march 2007. in women cell... the action was taken by the women cell... and there was a another complaint in diffrent PS on of ___april 2007... there in this complaint the girl and his father has confessed that the mutual was done on ____ of june 2006 between the parties.
since this complaint is going to be there in the hand of boy... pls. guide how usefull this complaint is going to be in the next date of hearing in HC?
Though there are other doucuments in support to "this complaint" written by her father and a seperate doucument written by her about the __ June 2006 date.
Pls. guide me
PALNITKAR V.V.
(Expert) 18 February 2009
If there was settlement by consent, why the complaints are coming up? If you can prove that the settlement has arrived at finally by mutual consent, the complaint filed prior to settlement can be quashed provided the other side also admits before the HC that there is settlement. But the settlment has not become final then the complaint may not be quashed.
ARVIND JAIN
(Expert) 18 February 2009
COMPLAINT IS LATER THAN MUTUAL.FACTS NOT CLEAR.IT IS BETTER IF YOU MAY CONSULT WITH BRIEF.
M. PIRAVI PERUMAL
(Expert) 18 February 2009
Nr. Sekar, Please put your query in proper perspective for the experts to provide replies.
shekhar_adv
(Querist) 19 February 2009
see the settelment is of 9th june 2006 in A4 size paper with father signature on one paper and on other girl signature stating that : all the matters will be setteled mutualy if the car is given today".. there after matter were setteled on 18th june 2006... but some of the good were left as part of negotiations on settelments.... then both father and his daugther went to USA for 5 months, then on one fine day Case was registered in court as Null and void or alternativly divorce... then father of the respondent recived the summons from H Court on 3rd of march 2007 then after reciving this they went to women cell on 23 march 2007... then after that another complaint on 7th of april 2007 ' there in complaint they have confesed about the previous settelement of 9th June 2006 but in differnt PS. then also there was a settelement in women cell... but avoiding all this they have filed FIR... Then on 16th of nov 2007 there was another settelment by the Court(district) in this period there was no date offered by the HC High Court has Stayed this processing in later stage, But police inspite of the Stay Granted by the HC, they have filed the Charge Sheet... Then HC has questioned from Police "Why this Charge Sheet has been filled inspite of the Stay"...
Now the complaint which was filed by the respondent and her father on 7th of april 2007 in differnt PS has not come in the file till date cause it goes againt respondent and father and all others matters....
Pls. guide here.... his relation has not been consumated at all... cause Gile never stay in boy house... just for few day/hrs she has visited the boy house. All her activities were informed to her brother who is living in USA through mails by petitinor/ boy about her stated statements also that she is not a woman, and she hate all these physical relation and many more i would not like to repeat those....
B.B.R.Goud.
(Expert) 22 February 2009
mr shekhar,
when the settlement, with mutual consent, is prior to the complaint, the complaint is to be quashed, on the production of relevant evidence in issue. but if the complaint is prior to the settlement with mutual consent, need to produce the proper documentary evidence to quash.
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 18 February 2009
