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Can an opposite party after settlement open a case again
18-Jun-2023 (In Criminal Law)
My father and grandfather have an charge sheet filed on their name. The IPCs are 504, 506, 223, 236. We had applied for quashing of the charge sheet in 2016 and had obtained a stay order from the Allahabad High Court on proceeding of the case using the legal documents of the settlement between us and the opposing party Under U/S 482. The court had issued a stay and ordered that if the opposing party does not respond in 4 weeks of the order, the petitioner(us) will have to list before appropriate Court. This was in December 2016. My query is can the opposing party still choose to open the case by appearing before the high court and saying that they do not want to settle anymore and want to continue the case? No further orders have been issued by the high court.
File a contempt petition against the said stay order and directions issued earlier. After settlement the party unless has a grevious ground cannot on its own choice decide to withdraw the settlement and the same is liable to be set aside. Contempt should be filed at the earliest or the same matter be made listed by filing a lisiting application and challenges be made to the contentions on same petition itself.
Regards
Regards
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Adv. Ashish Agarwal
Lucknow | 100+ Answers
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आपका मामला उच्च न्यायालय में विचाराधीन है, अगर कोई आदेश जारी है वर्तमान समय में तो उसकी कॉपी आप सम्बंधित कोर्ट में लगा सकते है। विपक्षी के अनुसार कोर्ट की प्रकिया नहीं चलती है, कानूनन जो सही होगा उसी के अनुसार कार्य होगा।
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Adv. Ashwani Saxena
Faizabad | 25+ Answers
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Since, information post by you is incomplete and it depend on the legal position of your case. Concern an advocate in your circle and with complete documents of your case. As far as i concern with information given by you they have right to file a protest in your case to re-open
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Adv. Anshul Singh
Muzaffarnagar | 25+ Answers
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