Complaint in court after settlement in police station
rajesh kumar
(Querist) 08 December 2015
This query is : Resolved
There was an dispute between me and the buyer of property while i sold my property.
He complained against me in police station that I sold him my property while home loan was pending against that property.
But anyhow, we settled the matter in police station and signed a compromise deed in front of SHO.
But later on he filed a case against me u/s 420 in court?
It that compromise valid for me to quash that case.
SAINATH DEVALLA
(Expert) 09 December 2015
In compromise non compoundable cases can be quashed.As section 420 ipc is compoundable with the permission of the court,chances of quash are bleak.
Of course the compromise deed executed in the presence of the SHO,may be useful.
P. Venu
(Expert) 09 December 2015
The compromise is legally non-existent. The police have no jurisdiction to interfere in civil disputes or to settle any matter.
Rajendra K Goyal
(Expert) 09 December 2015
Defend in the case against you on merits. Get anticipatory bail.
Kumar Doab
(Expert) 09 December 2015
You have not acted properly in the deal.
Act on the advise of experts and lean on a senior and able counsel at your location.
K.S.Srinivas
(Expert) 13 December 2015
The compromise deed entered into in the presence of SHO of the police station is not having any legal sanctity.
T. Kalaiselvan, Advocate
(Expert) 18 December 2015
The police have no right to interfere in the civil matter.
There is no grounds for cheating that he filed cheating case under section 420.
If he has any grievance, he has to approach civil court alone for relief.
You can go for quashing the case through high court.
alexander
(Expert) 25 December 2015
The SHO is well within his rights when counsels the parties concerned to reach a mutual settlement. It is to the credit of the SHO that he saved the two budding "litigants " from a long drawn legal and expensive bout. Counselling and getting a compromise between the partiescannot be dismissed as an unauthorised deed.
Once the SHO has witnessed their mutual agreement ,it should have put a seal of finality on the issue. The case was closed
Once the compromise deed has been signed the case is extinguished. It is doubtful if the Complainant can rake up the issue with the same invesitgative agency again on the same issue. Nemo bis vexari pro edem et una causa. No double jeopardy.
alexander
(Expert) 26 December 2015
Forget for a moment that the person whom the matter was reported is a Police Officer. Once two litigants accept any body say person X as their referee/ arbiter and state that whatever decision he makes shall be acceptable to them then there is no further scope for reproducing the cause of action further on. The fact that the arbiter in this case was an experienced and fully conversant with criminal law and other legal procedures adds strength to the point that the case need not be pursued further
