About criminal conspiracy and for signature was forged in the memorandum of compromise

moorthy (Querist) 04 June 2014 This query is : Resolved
I have received High Court order The order say during pendency of appeal preferred by the plaintiffs, it is reported before the court that the parties settled the disputes between them. The have filed I.A.No.357/2001 praying to dismiss the appeal as settled out of court. Accordingly this court dismissed the appeal as settled out of court as prayed for in I.A.No.357/2011.
2 I.A.No.357/2011 is filled only to bring only to bring to the notice of the court the out of court settlement. Taking note of the court settlement this court dismissed the appeal.The Registry wrongly treated the I.A.No.357/2011 as a compromise petition and drawn up a decree and the I.A.No.357/2011 was appended to the decree. In fact this court did not record any terms of compromise between the parties nor ordered that I.A.No.357/2011 shall form part of the decree.The decree shall be a simple dismissal of the appeal as settled out of court.
3. Review petitioners are 5 respondent and additional 10 respondent in R.F.A. It is submitted that the 6 respondent did not signed the I.A.No.357/2011 nor is a party to the out of court settlement.The additional 10 respondent in the R.F.A is not a party to the suit. He was impleaded in the appeal. It is submitted that he is not a party to the out of court settlement. On that basis the review petitioners filed the review petition seeking to review the decree and judgment in R.F.A.No.164/2006.As already stated vide judgment dated 7.3.2011this court dismissed the appeal.No relief was granted to the appellant.The submission of the parties that the parties have settled the disputes between them out of court alone is recorded.Since the reveiew petitioner are not aggreieved by the dismissal of the appeal review petition filed seeking to review the judgment and decree in appeal cannot be entertained. Accordingly review petition is dismissed.
4 The decree drafted by the Registry appending I.A.No.357/2011 was done incorrectly. The Registry shall redraft the decree recording the dismissal of the appeal.The learned counsel for the appellant submit that respondents 3 to 5&8 in the review petition submits that the vakalath nama is duly attested by counsel practicing in the lower court.Vakalath submitted by 10 respondent is attested by lawyer from kalpetta and in the vakalath filed by 5respondent who is the 1 review petitioner by another lawyer from Bodinayakanoor.The Registry shall issue certified copy of the vakalath filed on behalf of 5 respondent and additional 10 responden in the appeal who are the review petitioners herein on usual terms.
After getting order I have complaint to The Superintendent of Police, and Bar council of kerala about criminal conspiracy and for signature was forged in the memorandum of compromise .But so far the no action against them. Now what shall I do in this matter I want get my justice in this matter.

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Raj Kumar Makkad (Expert) 04 June 2014
File an application under section 340 of Criminal Procedure Code before the same court wherein the alleged compromise was used and the further case was decided.

Rajendra K Goyal (Expert) 04 June 2014
Agree with the expert raj kumar makkad ji.

moorthy (Querist) 04 June 2014
Thanking you sir

Sankaranarayanan (Expert) 04 June 2014
No more details to be required .Already makkad ji given his maximum

T. Kalaiselvan, Advocate Online

(Expert) 07 June 2014
I too agree with the opinion of expert Mr. Rajkumar Makkad sir.

Guest (Expert) 07 June 2014
Rightly advised by Shri Raj Kumar Makkad.

Raj Kumar Makkad (Expert) 08 June 2014
Most welcome your appreciation.

moorthy (Querist) 13 June 2014
Respect raj kumar makkad sir.
My dad is also a advocate but past 10 year he have left his professional because of his age.First I have thank for your message sir.The message which you have send for me is this File an application under section 340 of Criminal Procedure Code before the same court wherein the alleged compromise was used and the further case was decided.Now we have doubt in the matter paper was signature and forged in the memorandum of compromise and Vakalath has been done out of court and they have present to court.Will section 340 of Criminal Procedure Code will attract in this case.Wait for your advice in this matter

Raj Kumar Makkad (Expert) 13 June 2014
As the compromise was after all filed before the court containing forged signature/consent, the same do attract 340 Criminal Procedure Code. It is immaterial whether signature had been obtained within or outside court.

moorthy (Querist) 13 June 2014
Thank you very much sir for your advice sir

About criminal conspiracy and for signature was forged in the memorandum of compromise

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