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DEEPAK MISHRA (assistant Professor)     15 October 2013

Validity of statement in courts

Anyone, please clarify this query-

if any person P files a criminal complaint against person Q in police station in UP, then takes it back,police submits FR to court ABC. In first 2 years complainant P did not take any action but sit silently.

Then P & Q file a separate civil case(a type of contract) in Court  XYZ in UP.

In court XYZ, P gives an affidavite and one statement in this affidavite is-

I filed a wrong,untrue complaint against Q in court ABC, i took it back by giving an affidavite without any pressure on me. Police submitted FR & Jurm Kharija report to court ABC. I receive summons from court ABC but due to social status and insult i did not receive summons and never go to the court. Now via this court XYZ i request the court ABC that please accept that FR and Jurm Kharija Report, i don't want to fight this case against person Q. I am saying this without any pressure.


My questions is

1) When this civil case in court XYZ will finish, after that can person P again reopen that criminal case in court ABC?

2) If answer in (1) is yes, can this case will be quashed as person P given a written statement in court XYZ  and request court ABC to accpet the police FR.

3) what is the validity of affidavite (given in court XYZ) in court ABC?

4) If answer in (1) is yes, can Q file contempt of court and violation of contract charges against person P?



Learning

 1 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     15 October 2013

Dear Deepak,

You  are mixing the facts of civil as well as criminal case. If the facts are same / common even then both civil and criminal proceedings can be initiated simultaneously. Police has filed Final Report of closure then complainant could have filed the protest petition against that order or complainant could have approached the higher court against that order of closure. He is not interested to pursue or abandoned his right, the court is left with not other option to dismiss the complaint. 

Moreover he cannot retract from the statement as the statement before the court is supported by affidavit and on oath. 

Please put straight forward question to get proper reply.

 

Rajiv Bhasin 

Advocate 

(Managing Partner)

Bhasin Legal Consultants 

bhasin.laws@yahoo.com

9811210505


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