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Compromisation

(Querist) 26 June 2013 This query is : Resolved 
dear sir,
i am anand from tamil nadu. i have been charged with IPC section 294(b) and 323 as a counter case. the case is in initial stage at court. i denied the charges. i want to compromise with the opposite party.

1. is it possible to withdraw the case after compromisation?

2. is there any problem to join in government job even withdrawing case?

(this case is based on land problem, he filed many complaint against me but in police they advised to go to court as i have all the documents such as patta, chitta and etc. after this case, he now demanding to give that land for compromisation)

3. after getting that land is there any chance he not to withdrawing the case? if so how can i counter him?

4. can i go to lok adalat?

please reply.
thank you,
anand
Devajyoti Barman (Expert) 26 June 2013
1. The case can be settled and as a result of it the complainant can testify for your acquittal.
2.No
3. Do that simultaneously. Make a written compromise dedd after which he can not retract.
4.No need.
anand (Querist) 26 June 2013
thank you so much for your reply
Raj Kumar Makkad (Expert) 26 June 2013
If you have patta and chitta of that land then it is strongly advised not to go for compromise on the harsh term of providing that land in favour of the complainant just for this purpose. The cost is very very high.

Generally such cases are rarely proved and thus you can win the case on merit without surrendering your land.
anand (Querist) 26 June 2013
dear raj kumar sir, thak you for your reply. the reason behind to go for compromisation is he is an illiterate, he can face simply being in the home and i am graduated going to work in bangalore. since the case is in the court i need to appear for the hearing regularly with avoiding my work. i have other problems also
my father and a real estate business man jointly sold our lands as plots with out our family members consent, he changed the patta name from my grand father to my father name i have some records as proof .my grand father did not gave those lands to my father. some lands were with my grand father name even now those lands were unable to change patta by the persons who bought land from my father . that real estate business man intelligently escaped by requesting my father to sign all the documents who bought plots. he told my father that if he signed the documents then it would create income tax problem. those plots were registered double entry and triple entry in the register office .all these were happened when i was studying. many persons came to my home and threatened us to settle them either money or plots. many complaints were filed in the police station against my father. in some complaints which are written by lawyers included my name and my mother name to create fear(no action were taken on those complaints as they were false). if i went to the police station for those threatened calls, they were not trust with me and asking were all those money gone?. during these time my grand father and grand mother gave me few lands if any body complaint against us saying we are keeping their land, the police is not trusting us even we have patta, chitta, land tax receipt and all the documents related to our land as there are many complaints on my father. two years back i married another cast women. so my cast people and my father organised a panchayat and ordered me not to enter into the temple because of married to a SC cast girl but she is no SC. i secretly recorded those voices. i have the evidence . till now i am not entering into the temple. Because of my marriage they are not supporting me. imagine my situation. i want to live freely with my family even losing all my property.i discussed with a lawyer, he said if we take any action to say you are not having any contact with your father, those persons who are requiring settlement would argue that i am a legal heir of my father. imagine my situation tell me a way.


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