Quashing u/s.482
Ashok
(Querist) 15 November 2015
This query is : Resolved
I have a query if any of the gentlemen can answer. False case of trespassing was registered against me and i was sent to JC for 4 days. After that, the court granted me bail to enter into a settlement deed with the complainant whereby I handed over the possession of the 2nd floor to the complainant and also withdrew CC u/s. 138 against him. The complainant was supposed to pay me X amount and was also to cooperate in the quashing of FIR. However, after obtaining all the benefits under the settlement, he resiled and backed out of it. HC is about to reject the petition u/s.482 on the ground that settlement has been backed out and hence is not maintainable. The settlement was out of court but recorded by MM and also exhibited with ADJ in judicial proceedings. I seek the valuable advice with citation, if any.
Devajyoti Barman
(Expert) 15 November 2015
Well, if the settlement is recorded and after that one of the party resiles from it in high court then the high court on the basis of settlement made in lower court can certainly quash the case.
Rajendra K Goyal
(Expert) 15 November 2015
Bring the fact / details of settlement before the court and details in the knowledge of High Court.
