Compromise deed at pre-cognizance stage
pramod
(Querist) 06 July 2016
This query is : Resolved
Someone filed a case against me in Court u/s 420 406..... in a financial matter...
But at pre-cognizance stage, we both compromised and signed a compromise deed and the complainant withdrew his case. Compromise deed was recorded in magistrate Court.
As per his complaint, i defrauded his for Rs. 10 lacs but we both came to an compromise that i will give Rs. 1 lacs each month till 10 lacs is fully recovered by him.
I regularly paid him 8 times i.e. 8 lacs but due to some unavoidable circumstances could not pay the rest..
The complainant again filed a Fresh Case on same grounds and same IPC sections but hiding the previous complaint and 8 lacs received by him.
Is it that Non Compoundable cases cannot be compromised?
Devajyoti Barman
(Expert) 06 July 2016
Since the previous case was non compoundable it can not be closed in lower court on compromise.
Only the high court can quash the case.
Since new case is filed you can take plea of previous case and go for quashing.
P. Venu
(Expert) 07 July 2016
"But at pre-cognizance stage, we both compromised and signed a compromise deed and the complainant withdrew his case. Compromise deed was recorded in magistrate Court." Please verify whether the above facts are reflected in Court records.
pramod
(Querist) 08 July 2016
Respected Experts, yes the compromise deed is reflected in Court records.
