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F. I. R RELATED TO IPC 420,467,468,471,120B
21-Sep-2023 (In Criminal Law)
SIR I HAVE LODGED A FIR UNDER IPC SECTION 420,467,468,471,150B FOR A CRIMINAL CONSPIRACY. THE ACCUSED TRIED TO HAVE MY LAND IN THIER NAME THROUGH FORGED DOCUMENTS. THE POLICE INVESTIGATION IS GOING ON AND 3 TIMES POLICE FIND THE CULPRIT. NOW THE CULPRIT SURRENDERED IN FRONT OF US AND SAID THAT LAND IS MINE. AND SAID THAT WE WANT TO DO COMPROMISE WITH US AND WILL WRITE THAT THE LAND IS MINE THERE IS NO RIGHT IN MY LAND. THEY WILL TAKE BACK THEIR ALL LEGAL Allegations. IN LIEU OF THIS THEY WANT THAT THEY GET FREE FROM FIR AND DO SETTLEMENT IN A. C. J. M COURT. I WANT TO ASK THAT HOW CAN I DO SETTLEMENT IN A. C. J. M COURT REGARDING F. I. R. WHAT WILL BE THE PROCEDURE.
Dear Client: This can be done. However, make sure that they provide you with an undertaking (registered) mentioning that they do not have any rights in the property. I also want to know in whose possession the property is now and when is the next date of hearing in ACJM court. Do let me know the details. Best Regards,
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Adv. Dinesh Jotwani
Delhi | 25+ Answers
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Sir you need to quash the Fir from the hon'ble high court by filing the quashing petition in lieu of the compromise agreed between both the parties afterwards the hon'ble high court quash the Fir under section you have mentioned
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Adv. Ajay Garg
Delhi | 100+ Answers
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Hi,
Regarding the settlement, please ensure that you draw up a Memorandum of Understanding/Settlement where amongst other clauses, these clauses below should be specifically stated :
1) That the accused will handover any documents belonging to you and withdraw any entry which may have been made at the Registrar for registration of the property under his name alongwith proof
2) That in the future , the accused will not lay any claims to your property and making any claims hereinafter will be a violation of the memorandum of understanding and that he is making himself liable to be prosecuted under criminal offences
3) That the FIR will only be quashed subsequent to the accused complying with the aforementioned clauses.
Please ensure that the memorandum of understanding/settlement has been legally verified through a lawyer and have the same drawn up. This will be placed before the Court and they will record that the matter has been settled. However, you will not be allowed to withdraw your FIR and the accused will have to appear before the High Court for quashing of the same after filing of the petition. Please note that the accused will have to file the petition at the High Court.
You may appear in the High Court on the said date and inform the Judge of your desire not to proceed against the accused and the FIR will be quashed thereafter.
Regarding the settlement, please ensure that you draw up a Memorandum of Understanding/Settlement where amongst other clauses, these clauses below should be specifically stated :
1) That the accused will handover any documents belonging to you and withdraw any entry which may have been made at the Registrar for registration of the property under his name alongwith proof
2) That in the future , the accused will not lay any claims to your property and making any claims hereinafter will be a violation of the memorandum of understanding and that he is making himself liable to be prosecuted under criminal offences
3) That the FIR will only be quashed subsequent to the accused complying with the aforementioned clauses.
Please ensure that the memorandum of understanding/settlement has been legally verified through a lawyer and have the same drawn up. This will be placed before the Court and they will record that the matter has been settled. However, you will not be allowed to withdraw your FIR and the accused will have to appear before the High Court for quashing of the same after filing of the petition. Please note that the accused will have to file the petition at the High Court.
You may appear in the High Court on the said date and inform the Judge of your desire not to proceed against the accused and the FIR will be quashed thereafter.
Helpful?
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Adv. Anuj Nair
Delhi | 200+ Answers
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