Compromise mou not signed by all parties in criminal case

Divya

The compromise has to be initially agreed by the defacto complainant for the case u/s 498s and the same cannot be compounded but can be disposed by all the witnesses turning hostile to the case during deposition of evidence while chief examination, so there is no such thing called as memorandum of understanding by which the case has been disposed, so there can be no dispute by other co-accused in this regard for an arrangement arrived at an out of court settlement, be clear in what you want to clarify.

sir,

a compromise MOU was done between the complainant and the first accused - my brother......my entire family has faced and seen arrests, defamation, slandering, torture and all by my bhabhi and her parents...our finances and images got ruined and after effects still persist coz other courts address & look upon as accused if those parties tell the court that we were an accused in 498a & we had bent to compromise with the girl....

There was no cross - examination of witness to make them turn hostile before the court...MOU gets filed before the court & "purshis" application is put by the complainant & first acccused.....infact none of the other members wanted that......entire FIR Is full of dirty allegations, girls was legally married earlier fact not told ever to us, girl was openly into several adulterous relations openly - it pinches that I cannot raise my voice...

my brother has definitely done a compromise for his personal selfish interests so that he can live a peaceful life but i am determined to fight and tell the entire country about the female and misuse of all female laws....am i not a victimized woman to raise a voice & i can raise a voice if i challenge the MOU, challenge the parties who entered into a compromise......

Women torture through false case for several years & even in our case & suddenly she tells the court through her MOU that SHE HAD MISUNDERSTANDINGS WHICH HAVE GOT CLEARED OUT NOW......is criminal law so dumb that people come and strip, defame & we get arrested but the girl after a few years, backs off stating that she does not want to pursue the case further..

i would appreciate if you give me inputs...i have tried my best to explain u how d compromise happened before the court.

I think you have told a lot of things subsequently which are irrelevant to the query  but you have not answered the points I raised.  The MOU for compromise is just another document having no legal infirmity but can be considered as a ground reality by the presiding judicial officer as a platform for the witness turning hostile with an intention to withdraw her complaint, that is all.  Cross examination of the hostile witness is not necessary.  Further, if the defacto is not showing any interest to further prosecute the case through police, the APP may not show any interest in prosecuting the case against the accused knowing fully well that the case will stand acquitted/dismissed if not proved beyond doubt.  the option before the other accused will be to proceed with a libel/defamation case against her either through criminal law or civil law.

SIR, i agree with your reasoning...but i also found other facts about the girl (complainant) like she was earlier married prior to marriage with my brother, she was in several adulterous relations and p*rn acts, and above all as a tool of revenge she had equally developed proximity with my advocate...

i raised a voice with the police for pointing out certain evident issues but the reply i get from the girls' advocate is "COMPROMISE MOU SIGNED BY ALL"..hence i raised the concern of MOU...i havent signed the MOU & if i am trying now any case against her, they are saying that the matter is closed and no parties can file any thing against each other...

to make it worse, the girls' side is filing a defamation against me to bring out topics since 498a is already closed......Any opinion i would defntly appreciate.....if i file a few counter actions against them - they will try to get all dismissed on grounds that MOU is  accepted by the court, hence it is of importance to chllnge MOU as not done by other accused + also file multiple actions against them