EXTENDING TIME OR SQUASH PROCEEDINGS INCOMPROMISE CASE
suman
(Querist) 07 April 2010
This query is : Resolved
My aunty being the defendant in a civil case for injunction got the stay vacated and simultaneously filed a eviction suit against the tenant.
In this stage both parties agreed to mutually settle the issue and filed a compromise petition in the court. My aunt promised to with draw a criminal case filed u/sec 324 against the tenant.
The Hon'ble court had refered the matter to lok adalat and gave 1 year time to settle it in the lok adalat.
The problem is that the tenants have not approached my aunt and she in turn did not approach them so it was kept pending with out beinbg settled as per the compromise deed.
Aunt's tenants are ready to still proceed as per the compromise deed but the Hon'ble court refering it to the lok adalat has granted time. Lok adalat has in turn rejected saying that there is an amendment to the existing law and IPC 324 cannot be compromised in this court.
What should she do now?
Go for squash proceeding in the High court or else?......
Can you guide my aunt under what sec or provisions she should approach the appropriate court to make the compromise applicable.
URGENT SIR.
Thanks
Raj Kumar Makkad
(Expert) 08 April 2010
In such type of cases, statements are changed in the court means the witnesses have to become hostile and thus case is dismissed means accused persons are discharged.
