Preliminary and final decree for a disputed property
(Querist) 12 April 2018
This query is : Resolved
1. A sister and a brother have filed cross criminal cases on each other regarding their father's property. 2. Both of them are occupying a part of their now deceased father's property. 3. Both have now settled the matter and sister has agreed to pay a certain amount to brother and he shall hand over his premise to sister, provided all criminal cases on him are quashed. 4. Can both of them make a 'consent terms', wherein they agree to the following (i) each of them willl support the quashing of the other person's criminal case; (ii) thereafter the sister will pay the brother and he will hand over the premises. 5. Based on this process, can they follow these steps: (i) sister takes the 'preliminary decree' in her favour; (ii) both of them apply for quashing u/s 482 CrPC along with the 'preliminary decree' and their consent terms, (iii) after both cross criminal cases are quashed, the final decree is passed in favour of the sister, and (iv) brother vacates the premises. 6. Thanks.
(Expert) 16 April 2018
The contract between sister and brother can be enforced as there is no flaw. Or you both can tell the judge you both are settling the matter out of the court or request the court to post the matter before lok adalat which would decide your case in a jiffy and its decree is equal to a civil court decree and binding onboththe paties.
(Querist) 16 April 2018
Thx Mam, 1. Just a small query. Can the Lok Adalat quash the cross criminal cases also? 2. If not how do we handle the quashing of criminal cases? 3. My main anxiety is that the criminal case on me is quashed before my sister gets the decree of the property. 4. Since the level of mistrust is unfortunately very high, both of us need to take adequate legal protection.
(Expert) 16 April 2018
Lok Adalat would decide everything. Once you knock on its doors all pending civil or criminal litigation would be automatically closed and In their place LOK Adalat will take over to decide on your dispute. Only thing is both the parties should agree to abide by its jurisdiction.Lok Adalat decision is final and conclusive. No further Appeal to Highcourt or Supreme court.would lie.