Contempt after compromise fraud
Divya
(Querist) 22 October 2018
This query is : Resolved
Respected Experts
Accused had a criminal complaint pending against him in a "Metropolitan Magistrate Court". He compromised with the Complainant and filed relevant applications before "Metropolitan Magistrate Court". and the court forwarded matter to MEDIATION COURT...Mediation court was presided by "Additional Chief Metropolitan Magistrate"
Accused cheated Complainant and backed off from consent terms..
A confusion is, that he is ideally guilty of criminal contempt of two courts,
contempt of "Metropolitan Magistrate" and contempt of Mediation Court presided by "Additional Chief Metropolitan Magistrate"
so before which court should contempt proceedings happen, moreso can one court try contempt of both courts or is there another procedure..
Please clarify and assist best.
Thankyou
Isaac Gabriel
(Expert) 22 October 2018
How you conclude contempt will arise ? You have not mentioned any specific order which was vilated.
Divya
(Querist) 22 October 2018
Consent terms agreed between parties were filed before metropolitan magistrate, after which matter was referred to mediation court.. After that mediation court recorded compromise n next trial court in metropolitan magistrate compounded offences against accused..
However later complainant was duped...
Accused has backed from compromise recorded before both trial court n even before mediation court..
Equally while recording compromise, accused suppressed many other facts..
Hence contempt allegations..
Problem is trial court is of metropolitan magistrate who offences got compounded after recording compromise
And mediation court which sanctioned compromise.. This mediation court is of additional chief metropolitan magistrate.
Hence I'm confused with scenario...
Please guide
Raj Kumar Makkad
(Expert) 22 October 2018
Mediation center even though was presided over by additional Metropolitan magistrate was not a Court while recording the compromise and moreover after recording the said compromise, he referred the file back to metrpolitan magistrate so there shhould not be any confusion which court decided the case.
Now come to your second query. In the given case, you need to file criminal contempt of court proceedings against such person who has defied the verdict of the court.
Dr J C Vashista
(Expert) 23 October 2018
Before coming to contempt, you will have to clarify lot many issues involved in your statements. You have confused the statements, what is the opinion and advise of your lawyer, if you are a litigant.
A. A. JOSE
(Expert) 23 October 2018
Yes, you have also not given facts leading to the criminal complaint. Furrher, if the accused had withdrawn his consent for compromise before the Mediation Court before finally settling the same, where is question of contempt committed by him. In that case, obviously, he will have to face the criminal trial in respect of your complaint.
Divya
(Querist) 23 October 2018
thankyou Shri Rajkumar Makkad. I atleast now know accused has done contempt of main trail court and accused has abused the process of mediation
P. Venu
(Expert) 23 October 2018
Yes, you have not posted the material facts.
