Recovery of mobile phone

MOHIT (Querist) 16 April 2014 This query is : Resolved
Dear Sir/Madam
I had lost my phone a few months ago and it has been tracked using IMEI number. But the person whose SIM was used claims that he is not in possession of the phone now and is willing to compromise.

Will this police compromise be legal?
What will happen if someone misuses the phone after I have made the settlement?

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Dr J C Vashista (Expert) 17 April 2014
1. Yes.
2. vague and imaginary query

Sudhir Kumar, Advocate (Expert) 17 April 2014
what compromise.

He is found with stolen property. He should be lucky if simply allowed to return the mobile.

You can take back the mobile and ask him to pay extra for withdrawal of complaint.

Devajyoti Barman (Expert) 17 April 2014
Do what you want. Nothing is illegal in this case.

ajay sethi (Expert) 17 April 2014
what is compromise being offered? is he
retrunning your phone ? or paying you price of phone?

Biswanath Roy (Expert) 17 April 2014
No harm if you compromise before Police obtaining a written confession and indemnity for using or misusing your SIM from the person under whose possession the mobile was lying so far.

Rajendra K Goyal (Expert) 17 April 2014
Compromise can be done before police.

Guest (Expert) 17 April 2014
1) Compromise before police would be in your favour as that would put a stamp of the mobile being actually lost and not in your possession.

2) Since already reported lost, you would be free from the liability of any misuse by any one.

malipeddi jaggarao (Expert) 17 April 2014
Go by the advice of expert Mr.Roy.

T. Kalaiselvan, Advocate (Expert) 17 April 2014
I agree with the opinions of experts.

MOHIT (Querist) 18 April 2014
Thanks for answering the query. Sir, he is not returning the phone and is saying that although the SIM was registered on his name someone else who now lives in U.P is in possession of phone. He says that the person now in possession is not responding to his calls. He is offering the price of the phone as compensation. I want to compromise but am scared of the possibility of misuse of phone at a later date. Will the title owner of the phone change after compromise?

Dr J C Vashista (Expert) 18 April 2014
Hypothetical and imaginary unending query.
Engage a lawyer in your locality.

Devajyoti Barman (Expert) 18 April 2014
yes and confusing too.

ajay sethi (Expert) 18 April 2014
if he is offering price of phone as compensation accept the offer . inform the cops accordingly

Guest (Expert) 18 April 2014
Mr. Mohit,

As a student, you cannot expect the experts to solve your classroom exercise by referring sections of relevant acts and citations of case laws. In that case, you have to read your own academic modules and law books.

However, if you actually lost your mobile, enough guidance has been provided to you by experts.

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