cpc

misled by the advocates of the accused


I had filed a criminal case against a corporate u/s 409,,420,500 IPC and they proceeded to the High Court for quashing of the same, during which the Advocates of the corporate made me believe that they are interested to settle the matter out of court, to which I agreed and the same was informed to the High Court. After which they have taken a few adjournents for the same reason. Now the corporate says that their advocates have never taken any adjournments for out of the court settlement. Please advise:

1. Is it alright to inform the court that there will be a settlement and then without even trying for settlement, they even deny that the adjournments were taken for settlement. 

2. If they did not want to settle the matter, they could simply say no...why are they denying the adjournments for the same. Why did they mislead both, the High Court and me?

3. What can I do in this scenario? Please help.

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

What was the view of the HC during quashing? One reason why they may have backed out of quashing on the pretext of exploring the possibility of compromising 420 and 500 IPC is because their counsel may have been quick to gauge the unwillingness of the HC to quash 409. Quashing of 409 IPC is very difficult on any day.

Seeking an adjournement for compromising and then running away from compromise is not an offence. If the petition has not been dismissed the HC shall now decide it on merits after hearing the counsel of both the parties. Defend the case on merits now. 

 

Ashish Davessar


Advocate

Supreme Court of India

Punjab and Haryana High Court

District Courts, Amritsar & Ludhiana


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Many Thanks Ashish Sir.

There are no views of the HC so far, as the case then had just come up for hearing.

Your reply is very encouraging. Please tell me, does the fact that I had won the civil cases

against this corporate, support my criminal case in the HC. 

Regards.

 
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Advocate/ nadeemqureshi1@gmail.com

Dear querist

fight the case now and in future first think then belive and try to record all the statement before court.


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As advised by Mr. Ashish, you defend your case strongly and with confidence.

It is the general practice of corporates now a days that they used this tactice of making false proposal/ promoising of compromise, just to deviate the complainants from the facts and for gaining the time.

Now it is better for you to proceed with the proceedings instead of be the victim of their tactice.

 

Vipin Kumar Marya

9811340017

www.lawlair.com


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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

It may or may not support depending upon the facts and circumstances of your case. If it does lend support to your case, the support may be limited or absolute depending on the facts of your case. The HC exercises a very limited jurisdiction in quashing unlike the trial court. In some cases the HC does quash a criminal case on the basis of a finding of the civil court and in some cases it does not. There is no hard and fast rule. Civil cases and Criminal cases operate in completely different fields. A favourable finding from the civil court cannot alone be a ground to quash the criminal case.


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Thank you  Nadeem Sir and Vipin Sir.

 
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Many Thanks Ashish Sir.

Sir, I am a de-facto complainant and I certainly dont want the case to be quashed. I had won the civil cases and 

do the findings in the civil cases help in the HC so that the criminal case is not quashed. 

Please help.

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

I have already answered your question.

In some cases the HC can on the basis of the finding of the civil court, quash or refuse to quash a case whereas in other cases it may refuse to even consider the civil court's decision and arrive at its own independent finding is support of or against the quash petition. There are cases where in spite of having an adverse finding from the civil court the petitioner succeeds in convincing the HC to quash the criminal case. It depends entirely on the facts of the case which vary from one case to another.

 
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Many Many Thanks Ashish Sir, well understood now. 

Regards.

 
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