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Criminal FIR was registered, the case went to mediation center.


14-Oct-2023 (In Criminal Law)

Partnership since 1983, in end of 2014 partners mutually agreed to dissolve the firm. Second (sleeping partner) registered case of theft against first (working partner) regarding theft. The case went to mediation center whereby the first had to pay 11.5 lacs, hand over the keys of the shop, a motorcycle and a car in the name of firm to transferred to the second and sign the dissolution deed. First 2 things were done, second never came to sign the papers to comply the other two after ample request from first. He denied quashing FIR. The case on quashing is in HC, where will the case proceed?

Answers (2)

Answer #1
940 votes
HC need the compromise statement to quash the FIR but in your case second is not willing to do so,., in this case you have to satisfy the HC that second partner has received the amount and car or motorcycle ,.. But now intentionally or with malafide intent he is not turning to the court ,., then on merit quashing is possible ,.,.
Answer #2
782 votes
dear client, you should apply for the copy of order in mediation center and certified copy should be placed in High court. You should also tried the criminal case in lower court and request to the court for early hearing and certified copy of mediation center also be placed on file. you should file the order of Mediation center as defence.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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