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Complainant Not Quashing After Mediation Settlement


02-Jun-2024 (In Criminal Law)
A 420 FIR was lodged and while taking AB the judge pushed us in doing settlement in mediation. All conditions were met by us and full amount was paid. Now the IO has filed chargesheet after 4 years and now complainant is not coming to lower court. We had filed for quashing in high court. Complainant's relative appeared and denied settlement. Judge says i cannot force the party to give statement and has gotten the case withdrawn on condition to file again after fresh settlement or on merits.
Answers (5)

Answer #1
502 votes
you should contest on merit of the case because in criminal case like in your case settlement was done in meditation but term of meditation is not enforceable in court and if say you paid the amount although you are guilty. no one will admit.
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Advocate Rajesh Kumar

Adv. Rajesh Kumar

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Answer #2
872 votes
now you have to file contemp petition in the lower court under which the settlement has been done and along with the recovery suit of the amount paid by you to the complainant in the District court. For more details, kindly elaborate the facts
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Advocate Prachi Goel

Adv. Prachi Goel

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Answer #3
517 votes
Your mediation settlement must have prescribed terms and conditions how you should be paying back money & hopefully it should not be through cash bcz it cannot be track down. If you have evidence of your payment & your mediation agreement file a contempt case against the other party.
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Advocate Vinay Redhu

Adv. Vinay Redhu

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Answer #4
926 votes
If the complainant has enjoyed and accepted the benefits of the settlement, then the settlement is bound to be accepted by the Court for the purpose of Quashing. You can refile the Quashing Petition on merits and get the case quashed.
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Advocate Daksha Kumar

Adv. Daksha Kumar

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Answer #5
887 votes
Then file afresh and this time not on basis of mediation settlement but on basis of merit of the case, both are on different footing and your best case is on merit now, so why to waste time over that, good that you withdrew with liberty.
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Advocate Pawan Prakash Pathak

Adv. Pawan Prakash Pathak

LawRatoDelhi | 200+ Answers
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