Settlement of the case
Sameer
(Querist) 29 August 2016
This query is : Resolved
Bank had file a fraud case and the chargesheet has been and the main accused got the bail.the matter has been compromised with the bank and accused is ready to pay the whole amount MOU has been signed and filed on record in court but the police is saying that they want to arrest the beneficiaries in whose account the amount the money is transfered,when the matter has been compromised and the bank is ready to settle the dispute and accused is paying the whole amount what's d problem.petition has been filed in high court for quashing the matter ,will it be quashed? If the other party doesn't have any problem .what should we do pls suggest the way??
Kumar Doab
(Expert) 29 August 2016
Can illegality be converted into legality.
Most likely the inquiry shall be conducted and concluded.
You may wait for the advise of other experts.
Kappil Cchandna
(Expert) 29 August 2016
Sameer,
Settle the matter with the bank and file the quashing of the same on the basis of the settlement. In the mean time apply for anticipatory bail on the basis of the compromise. Police is somewhere right because I feel the Police has to do his job and they are answerable to the Courts at the end of the day.
Warm Regards
Kapil Chandna Advocate
9899011450
Sameer
(Querist) 29 August 2016
But sir if the bail got rejected then what we will do for that ??, petition has already been filed for quashing in high court, then what's d problem.is police does not believe in compromise.
Sameer
(Querist) 29 August 2016
Is anything greater than MOU.
Rajendra K Goyal
(Expert) 30 August 2016
Fraud is criminal activity. If FIR lodged, police has to proceed legally. MOU has no role in police and legal proceedings.
If Anticipatory bail rejected, police may arrest.
Raj Kumar Makkad
(Expert) 31 August 2016
All facts should be brought before Hon'ble High Court in the quashing petition so that a lawful order may be passed by it. Generally high courts quash the FIR on the basis of compromise.
