Retraction from the statement!
Shekhar
(Querist) 09 August 2008
This query is : Resolved
If the complaint and her counsel has made the statement in lower court stating that" all the matters have been settled b/w the parties as a full and final settlelment" then in that case : can complaint retract against her own statement which was confronted before the lower court?... pls. advise
deepak kumar
(Expert) 09 August 2008
if the statement was made under any coercion or threat then the complainant can retract please give additional information as to the stage of statement and the stage of retraction as well as grounds given for retraction.
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Shekhar
(Querist) 09 August 2008
Thanks, Deepak, This has been given to the high court where the petitinor has filed the quashing against FIR! though she has tried that retraction in lower court but court remain on the previous order... now infront of the high court she retracted?
pls. share if any thingelse is required here!
Regards, Shekhar
Srinivas.B.S.S.T
(Expert) 09 August 2008
Sir has she filed an affidavit signed by her to that effect or just a oral representation before the magistrate?. If the statement is either by way of an affidavit or while deposing before the magistrate on oath, then you can use it against her.
K.C.Suresh
(Expert) 11 August 2008
Any statement on oath or any affirmation on an affidavit is binding to the maker of the same. If your client has given a statement to majistrate in the above level she is binding on it. If the case is a compoundable one just compound it. If non-compounadable examine the witness and finish the matter. Once it is settled between parties it will be easy to settle.
If the matter is over in the lower court and if the complainant wants to retract from the earlier statement given to magistrate it will be difficult in another forum. You may elaborate that sequence of events for a specific answer to that point.
Shekhar
(Querist) 11 August 2008
she has not filed with affidavit, but it was a oral confirmation by her to magistrate, as she said, court has written in the order!
pls. comments/ further input is required here
Srinivas.B.S.S.T
(Expert) 14 August 2008
If so she can retract from her version there is no binding upon her.
Shekhar
(Querist) 14 August 2008
Thanks Sri, But here prior to this retraction in high court, she has again gone to the lower court for change in statements but there ASJ did not amend any thing in the previous full and final settlement order date 16/nov/2007.
the explanation of this, on 01/nov/2007 court has order to give 1.37 lakh to the complaint next hearing is on 16/nov/2007, but meantime defendant has filed a modification on 5th nov 2007, prayer that amount should be release on, when it should be considered full and final between the parties and on the 16/nov/ 2007 the arguments were there on the modification application there on more amount were also demanded on the same time the amount has increased to 1.49 lakh.
then the order of full and final was passed by H court.
and later after a months they went in to the lower court for change in the order "that it should not be considered as full and final" but lower court did not listen and stand by on the 16th nov order.
quashing of FIR was already filed by the petitioner, there she retracted on her statement in high court
Srinivas.B.S.S.T
(Expert) 16 August 2008
Dont worry as the lower as well as the high court has her statement she cannot retract from her statement.
Shekhar
(Querist) 08 September 2008
Dear All, As in saw that there is no information regarding the Stay proceeding to lower court, as discussed with the ahlmed and the reader of the court.. he said " write a application to court about the stay Proceeding to the lower court(This court) pls. guide me !!!
ARVIND JAIN
(Expert) 20 September 2008
WHY DONT YOU INSPECT THE COURT FILE ?
