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Is arbitration possible for damages of false criminal complaint
09-Feb-2025 (In Criminal Law)
We have family property dispute. Some family members fie false private criminal complaint to negotiate on their terms. Criminal case is going on 12 years already but now those family member are asking for arbitration. Is property settlement possible with arbitration? How to settle damages of false criminal complaint - is arbitration legally possible?
Generally disputes pertaining to Rights in Personam are Arbitrable, while disputes pertaining to Right in Rem are beyond realm of Arbitration.
Since family property dispute false in second category it's non-arbitrable. Moreover SC has clearly listed such disputes being beyond the realm of arbitration. Instead you can choose to settle the disputes through Court directed Mediation which once successfully done will put both the parties in a position to end all existing criminal cases (depending on their nature and severity) .
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Yes, property settlement through arbitration is possible if all family members agree to submit their claims under the Arbitration and Conciliation Act, 1996. However, false criminal complaints cannot be settled through arbitration, as criminal matters fall under the jurisdiction of the courts. If the false case was filed to pressure you in the property dispute, you can negotiate during arbitration to include the withdrawal of the case and compensation for legal expenses as part of the settlement terms. Additionally, you can pursue legal action for malicious prosecution (IPC Section 211) and defamation (IPC Section 499/500) to claim damages for wrongful litigation. Before agreeing to arbitration, carefully review the proposal to ensure it includes compensation for harassment and legal costs. If arbitration does not serve your interests, you may continue fighting the criminal case and, once dismissed, file a separate claim for damages. Let me know if you need any assistance.
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Adv. Tejas Mehta
Delhi | 25+ Answers
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In property disputes, arbitration is generally possible if both parties agree and if there is an arbitration clause in a prior agreement. However, criminal matters, including false complaints, cannot be settled through arbitration as they fall under public law.
To address the false complaint, you may consider filing a petition for quashing if there is no merit in the case. Additionally, a defamation or malicious prosecution suit can be filed to claim damages.
If the opposing party now wants arbitration, ensure that all pending criminal matters are resolved legally before proceeding with property settlement negotiations.
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Adv. Vinayak Bhatia
Delhi | 25+ Answers
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Arbitration are done mostly in the contracts where there is a clause or an arbitration and an arbitrator is appointed by the choice of the parties. Mostly in such cases people go for mediation where a mediator appointed by the authority for solving the matter and where they let the parties talk and they hear from both the parties which is not like a court hearing its like a casual meeting parties sitting on the table and talking.
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Adv. Lokesh Rathi
Delhi | 25+ Answers
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If an agreement is constituted between the parties in the nature of family settlement, wherein some terms are settled, however, other aspects are in dispute. Then through an arbitration clause in the agreement. the matter can be referred to arbitration. Even otherwise, settlement can be through terms stipulated w.r.t private criminal complaints post which they can be withdrawn
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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