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ashok kumar (Social Worker)     04 October 2013

138 nia unilateral acceptance of compromise offer by court

138 NIA Unilateral Acceptance of Compromise Offer by Court

After 8 years of dragging, in the last stage of the case, the accused deposits a draft in the Court, and despite objection by the complainant, the Court accepts the offer and declares the case as settled.

 

Query:

Is the Court within Legal competence in such an action?

What is the remedy with the Complainant?



Learning

 3 Replies

R Trivedi (advocate.dma@gmail.com)     04 October 2013

Terse Remedy : Don't deposit the DD and approach High Court.

 

Practical Remedy : Enjoy the DD and forget it.

 

This is well settled that the Court is not obliged to punish or convict an accused because of vindictive feelings of any party to litigation.  I have seen couple of cases, where under frustration , accused paid the money to get rid of the criminal case against him, even though there were no dues. So paying off even after 8 years, cannot be indisputable admittance of guilt, this aspect allows the court to settle without any adverse order on accused. Court would have certainly observed the fact that accused is not settling out of fear of imminent conviction.

 

In one of the cases, the complainant insisted on conviction, even though at a later stage accused agreed to pay to settle, the court found the behaviour of complainant quite amusing and ordered punishment till rising of the court without any compensation. So enjoy the DD....

ashok kumar (Social Worker)     04 October 2013

trivedi Ji 

Can U really give the citation wherein the Court indulged in this STUPID BEHAVIOUR?

 

In one of the cases, the complainant insisted on conviction, even though at a later stage accused agreed to pay to settle, the court found the behaviour of complainant quite amusing and ordered punishment till rising of the court without any compensation. 

R Trivedi (advocate.dma@gmail.com)     05 October 2013

PL SEEK THE INFORMATION WITH SOME USEFUL PURPOSE. IT IS OF NO USE SEEKING INFORMATION ABOUT STUPID BEHAVIOUR.


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