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Can a case compromised in high court be brought back
24-Aug-2023 (In Criminal Law)
There are two parties in my village. They had a clash over their children around 3 months ago. After 3 months of clash they made compromise in High court. Now after 3 months of compromise one party is blackmailing other party by saying that they will bring that case back. And by saying this they are demanding money from other party. My question is that if any case is compromised between parties in High court in presence of High court justice, can this compromise can be take back by any party? Or simply one party is blackmailing the other party? Please Answer.
Once a compromise arrived at between the parties in any court and court passed decree in the light of compromise than the same is binding on all the parties. If nee cause of action arise between the parties or any party is not comply with the compromise only than they can initiate proceedings.
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Adv. RK Garg
Dehradun | 100+ Answers
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No they cannot bring the case back like that. Once a party makes a compromise, it is bound by the terms and conditions. And if any party defaults, the other party can file a civil as well as criminal case depending upon the facts and circumstances.
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Adv. Rakshit Joshi
Nainital | 25+ Answers
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अगर दोनों पक्षकारो के बीच एक बार उच्च न्यायालय के समक्ष समझोता हो गया है और लोवर कोर्ट की प्रोसेडिंग खत्म कर दी गयी है तो फिर दुबारा से कोई भी केस रिओपन नहीं हो सकता है, लेकिन कुछ विशेष परिस्थियों में केस रिओपन भी हो सकता है l रिओपन होना या ना होना यह निर्भर करता है कि पक्षकारो के बीच पूर्व में हुए समझोते की पीटीशन में लिखा क्या गया था क्यों वो समझोता किसी शर्त के अधीन था या बिना शर्त था l अगर समझोता शर्त के अधीन था और शर्त पुरी नहीं की जा रही है तो केस रिओपन हो सकता है l
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Adv. Chandra Shekhar Kargeti
Haldwani | 25+ Answers
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If either of the parties to the compromise violates the conditions of the compromise the other party is always free to move an application for before the competent court. But in case your party has not violated any condition then in that scenario the remedy for you will be to make an application before the concerned Police station and for safety also mark a copy of the same to the SSP of the area informing them that you are being threatened by the other party in such a manner.
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Adv. Shiv Pande
Nainital | 25+ Answers
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