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Ranjitha (Sr. Analyst)     09 January 2014

Compromize petition

Hi,


my brother is entangled in a criminal case (Dowry). We want to compromise with opposite party for living together. Trial has just begun. I have few questions, hopefully learned members here may guide me.


1> Can we give application to the court that we want to compromise and other party is just dragging the case for only putting pressure? If yes, then what would be the format (Simple signed application or in form of affidavit)?

2> Can we ask court to intervene in laying down rules of compromise petition as we are suspecting that our lawyer may trick us? or is it completely dependent on parties and courts can't be made third party for observing the details of the compromise petition?


Regards,

Ranjitha.



Learning

 11 Replies

aap (manager)     09 January 2014

Ur lawyer should request the court to send the matter to mediation centre inside the court where the mediator will draw the compromise de3d but will only happen if other party also wants to comromise otherwise not

Hope it helps u

rajendra (na)     10 January 2014

If this case in Andhra refer to lok adalath and here u will get mediation.......

or file a quash in HC in other courts refer to mediation in the presence of judge........

ashoksrivastava (scientist)     10 January 2014

Originally posted by : Ranjitha

Hi,


my brother is entangled in a criminal case (Dowry). We want to compromise with opposite party for living together. Trial has just begun. I have few questions, hopefully learned members here may guide me.


1> Can we give application to the court that we want to compromise and other party is just dragging the case for only putting pressure? If yes, then what would be the format (Simple signed application or in form of affidavit)?

2> Can we ask court to intervene in laying down rules of compromise petition as we are suspecting that our lawyer may trick us? or is it completely dependent on parties and courts can't be made third party for observing the details of the compromise petition?


Regards,

Ranjitha.

 @querist you cannot thrust compromise on your SIL against her wish. Only option you have is to win her heart or face trial

regards ASHOK

Adv k . mahesh (advocate)     10 January 2014

compromise petition has to be file don affidavit format and the terms should be discussed by both the parties and frame them in the affidavit and at the time of mediation you have to file the papers and both the parties should present at the court 

SKapoor_Lawkonect (Lawyer)     10 January 2014

Hi Ranjitha, since in the query you have posted you have only referred that there is a criminal case against your brother, so the law as it stands as of now is  that it doesn’t allows compromise in criminal cases however, this being a matrimonial matter the courts these days are allowing compromise and mediation even in Section 498A cases as the view of the courts these days is that a family shall not be destroyed or the penal laws be adhered to if a compromise can be reached between the parties. So, these days the courts have many a times in a similar situation as that of your brother’s has allowed a compromise. But an important thing that shall be considered herein is that the other party shall be ready to go for a compromise or settlement as in any other case the court will not allow such a compromise. The argument that the other party is not ready to compromise and is just dragging the case will not stand in a court of law and the court will not accept a compromise till the other party consents to it.

Regards,

SKapoor,

www.Lawkonect.com,

9555507507.

T. Kalaiselvan, Advocate (Advocate)     18 January 2014

I think S Kapoor has given an apt reply to the query.  Well without knowing what type of criminal case is pending against your brother, it would  be difficult to give a proper reply.  The offence u/s 498A IPC is not compoundable hence there is no possibility for a compromise petition and is it is a case by state, so if the wife is agreeing for a settlement, she has to turn hostile to the case while deposing her evidence as PW, on the basis of which the further proceedings can be adjusted to the situation and the accused will be acquitted.  The next possibility is through a mediation, if such procedure is followed by your jurisdictional court.  For all these, the defacto complainant's consent and willingness is important.

Ranjan (Manager)     30 January 2014

I am victim of same ......did the compermise and after staying 1.5 yaers  together ,again she went back and re-opened the same .

The better way is to fight and fight for win .........let the opposite party will put their leg down ........if ones the trust is broken in HUS/Wife relation, it is very difficult to sustain it further,.... If we will not fight against the false Dowry cases the missuse will not be stopped . Rules made by our contry is to protect the women from any kind of voilence .not to use the same for their ego fulfillness.  Ofcourse the fight will kill the time ,money and ....many more ....but believe the justice ,it will come. Good luck

Aashish George (lawyer)     30 January 2014

i agree with my seniors they have given the best advice to you. ask your advocate to verbally suggest for mediation or lok adalat, dont give anything in writting. and when in mediation, the mediator will set the terms for agreement between the parties and the same will be considered by the court in which the case is going on. ranjan was unfortunate, i have no idea why? but we make sure that in the terms we decide, we mention that the opposite party will never initiate criminal trial against the 1st party in the past, present or future, by the complainant or any of her representatives, authorized by her on her behalf (well something like that).

Ranjan (Manager)     30 January 2014

Thanks ashish.......

It was found very unfortunate in my case ......as after puting the compermise statement with request to quash the same by both party (as 498a was just registered not proceeded) ,she came back and start staying with me . There was a requirement (as told by my lawyer) that once we both need to present in court and give the statement that we are staying happily , after stay together around 6 month i asked my wife to come along with me and do the court requirement but she refused and made some excuses. After ward i never asked her to do so......after that ....this has happended.....

I have seen in many cases the court ordered to stay together for 3-6 month and revert back to court. During stay period the generally men compermise many things .....this compermise is considered as weakness by wife.

Ranjitha (Sr. Analyst)     12 February 2014

Thanks everyone,  We have reached to a deal for divorce and settlement with opposite party. Now worst seems to be over.

rajendra (na)     12 February 2014

Good Luck!!!!!!!!!!!

:)


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