Querist :
Anonymous
(Querist) 21 November 2010
This query is : Resolved
Is it maintainable once cognigence has been taken in 420&406 IPC. matter negotiated between parties.again on same issue case was filed in C.J.M Court U/S 156 Cr.P.C
Devajyoti Barman
(Expert) 21 November 2010
Only either of the two will lie.
Kiran Kumar
(Expert) 22 November 2010
well the general position of law is that on the same facts two separate complaints are not maintainable.
if the parties have settled the dispute after the registration of case but later the accused backtracks then the complainant may resort to legal remedies as available.
Kirti Kar Tripathi
(Expert) 22 November 2010
no. moreover after settlement no dispute left.
Advocate. Arunagiri
(Expert) 22 November 2010
You say it is negotiated, Please tell us whether it was settled. If it is settled no dispute is left. The magistrate will not issue directions on the settled matters. You can produce the proof for settlement of the issue and can request the police to close the matter.
Sri Vijayan.A
(Expert) 22 November 2010
What Mr.Kiran opined is right. After negotiation and settlement it cant be maintanable. But one party does not oblige the conditions of the settlement, the other party can open the matter for legal remedy
s.subramanian
(Expert) 22 November 2010
Mr.Kiran is right.
Guest
(Expert) 23 November 2010
I agree with Mr Kiran.
Arun Kumar Bhagat
(Expert) 27 November 2010
After cognizance no fresh FIR can be lodged on the same subject. It amounts to double jeopardy.
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