Is mou valid in court settlement
Ashish Dave
(Querist) 20 June 2019
This query is : Resolved
Hello,
i have a one court matter running under IPC 408, 420, 468, 471, 114 and IT 65, 66, 72. i am the main accused and other two accused. our matter of Criminal Revision Application Running in Session Court. Opponent party is my cousin brother. we had an settlement offer and opponent lawyer says to pay the settlement amount on signing the MOU and later on whenever it require opponent party to be present in court to ask that both are agree, that time opponent party would be present in court.
I am afraid of that if we do MOU and i pay the money that time. later on if he changes his mind or due to any other reason court delay the settlement. is MOU with notarized valid in Court to close the Case ahead? which options should i consider others?
J K Agrawal
(Expert) 20 June 2019
even after compromise, sections 467, 468 are not compromisable. so the court will not register compromise in non compoundable case but will compromise it in compoundable cases like 408,420.
Agreement to compound an offence is not prohibited by law so it is a valid contract. It is enforceable by law but the problem is that the Criminal court is not the court who is to enforce it. It is civil court. Now again you are at stage not favorable to you. It is up to court that it considers the agreement or seek personal attendance of the complainant.
One more thing to note that in case of breach of the agreement the specific performance of the agreement is not possible and you can claim compensation only.
So the agreement is not a sound instrument in your case.
Dr J C Vashista
(Expert) 21 June 2019
Facts posted are lacking clarity.
As you are already a revisionist, implies that you have been "convicted" by Trial Court, isn't it?
Besides this, you have already engaged an able, competent and intelligent lawyer to defend your case, who is well aware about the facts of the case, consult him/ her.
Ashish Dave
(Querist) 21 June 2019
I have not been convicted by trial court yet, lawyer applied for discharge in trial court which has been rejected and similar revision running in session court
Ashish Dave
(Querist) 21 June 2019
I have not been convicted by trial court yet, lawyer applied for discharge in trial court which has been rejected and similar revision running in session court
