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ASHISH ARORA (SELF EMPLOYED)     25 March 2010

QUASHING PETITION BASED ON FAMILY SETTLEMENT

A complaint was registered in name of me and my family members in Delhi Courts u/s156(3) and an FIR was registered. Now we have reached a settlement with the other party and an MOU has been signed. Now we are moving a quashing petition in High Court and the MOU will be attached to the taken on record of the court. The other party will also make statement on oath that the FIR be quashed and the MOU be taken on record.
Now i have following questions.

1) Is the Submission of MOU in criminal case affect its validity in any way, since the other party is also making statement on oath?
2) Will i be issued a decree regarding the MOU?
3) Is it advisable that along with the submission in high court, the MOU be submitted in a civil case in district courts and statement be made so that a civil decree could be obtained?
4) Can the other party retract from its statement on oath given in high court? If so then can Perjury/Contempt of court be filed against them?

Kindly advise..



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 1 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     26 March 2010

there are some quries to u from my side. U can contact me at 9871158578


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