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DEEPAK MISHRA (assistant Professor)     14 October 2013

Validity of statement in different courts?

Sir my question is

if any person P files a criminal complaint against person Q in police station in UP, then takes it back,police submits FR to court ABC. In first 2 years complainant P did not take any action but sit silently.

Then P & Q file a separate civil case(a type of contract) in Court  XYZ in UP.

In court XYZ, P gives an affidavite and one statement in this affidavite is-

I filed a wrong,untrue complaint against Q in court ABC, i took it back by giving an affidavite without any pressure on me. Police submitted FR & Jurm Kharija report to court ABC. I receive summons from court ABC but due to social status and insult i did not receive summons and never go to the court. Now via this court XYZ i request the court ABC that please accept that FR and Jurm Kharija Report, i don't want to fight this case against person Q. I am saying this without any pressure.


My questions is

1) When this civil case in court XYZ will finish, after that can person P again reopen that criminal case in court ABC?

2) If answer in (1) is yes, can this case will be quashed as person P given a written statement in court XYZ  and request court ABC to accpet the police FR.

3) what is the validity of affidavite (given in court XYZ) in court ABC?

4) If answer in (1) is yes, can Q file contempt of court and violation of contract charges against person P?



Learning

 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2013

Contact a lawyer personally with all documents


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