304b
sunaiynas
(Querist) 10 May 2015
This query is : Resolved
my family has been booked under fake 304B and due to excessive strikes and delays we had not been getting a hearing date for bail. we agreed on compromise and paid the entire compromise amount demanded to the complainant's private lawyer. the same has been paid in cash entirely widot any documentary proof on promise by the complainant's lawyer that he will help in finishing the case ASAP and my brother will be home soon. Can i trust the lawyer? is it normal thing that lawyers do in such cases?
Sudhir Kumar, Advocate 
(Expert) 11 May 2015
It is non-compoundable and girl family has no power to withdraw the case.
Rajendra K Goyal
(Expert) 11 May 2015
No comment on dealing with the lawyer of opposite side.
sunaiynas
(Querist) 11 May 2015
But v hv been assured by the opposition lawyer that it's there everyday job in getting these cases compromised n finished.
Guest
(Expert) 11 May 2015
Mr. Sunaiynas,
When you have already paid the amount that too in cash to the opposit lawyer, is there any logic in asking such vague question thereafter that "Can i trust the lawyer?" In that case your question becomes totally irrelevant.
The question arises, if you don't want to trust that lawyer what will be the alternative now with you and what do you propose to do now?
In fact, your query, itself, is quite vague and seems to be a sheer academic query, when you have not provided any background information of the case.
SAINATH DEVALLA
(Expert) 11 May 2015
U are already in league with the opp lawyer and my personal feeling is that it is of no use.Kindly go through the entire section 304b. After going through the contents if u feel that the opp lawyer can help U It would be a news for us.
sunaiynas
(Querist) 11 May 2015
I am sorry sir if i upset someone. My concern was purely due to an action done by my uncle who has widot consulting any of us given all the money in cash as demanded by opposing party for compromise. This question was out of real fear and concern on the repurcussions of the uninformed decision taken by my uncle. Since he is the one on ground running around for my brother's case and looks like being fed up of running around he paid all the money to opposing lawyer in goos faith expecting the ordeal to end on mercy of opposition party. I hv been told by him that in such cases settlement/ compromise happens like this only since its a non-compoundable case. He has told me this is regular practise so i just wanted to confirm with the experts here on the panel that is it really a regular practice for out of court settlement in non-compoundable cases to pay in cash widot any documentation.
I am sorry once again for asking vague questions coz for me it is a real genuine fear.
Guest
(Expert) 11 May 2015
Mr. Sumaiynas,
What opposite lawyer has told you seems to be relevant for you but you have not made any mention what your own lawyer told you, if you asked for his advice? Even if not asked, what was his reaction now after your uncle paid the amount?
Moreover, you have not replied my question, "if you don't want to trust that lawyer what will be the alternative now with you and what do you propose to do now?"
Sudhir Kumar, Advocate
(Expert) 11 May 2015
experts here advise how best you can defend through your lawyer. This forum is not meant for advising how to bribe opposite counsel.
T. Kalaiselvan, Advocate
(Expert) 12 May 2015
This is a case of beautiful trap. The experts have given you hint to the possible extent, now it is you who have to decide, no comments can be made on any individual's intentional blunders.
SAINATH DEVALLA
(Expert) 12 May 2015
Whether intentionally or not he has been dragged into their net.Even his lawyer may have been hand in glove with the opp party.
T. Kalaiselvan, Advocate
(Expert) 12 May 2015
Even I have a similar opinion to that of expert Mr. Sainath Devalla. Now, beter concentrate on getting bail instead of flaring up more controversies and take care of the case during trial.
