• Out of court settlement

My question is regarding out of court settlement .i want to ask that if both the parties want to compromise a case then can it be done without going to the court lf someone is seriously ill or handicap and cannot go to the court .Please answer it asap
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

The settlement agreement should be submitted in the court and the person should be excused for appearance on the affidavit.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) you should enter into consent terms

2) the consent terms should be filed in court

3) the court insists on personal presence of both parties

4) if one of parties is seriously ill then he can execute POA in favour of his relative to enter into consent terms on his behalf

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

court insists on personal presence of parties if consent terms are entered into recording the settlement and it is filed in court

2) in the alternative execute POA in favour of family member to sign consent terms and to file it in court

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. If any suit pending in court is to be settled amicably then the partes can do so by making an agreement.

2.Since there is pendency of suit with regard to same dispute which the parties have agreed to settle amicably it is advisable that parties file a compromise petition in the court under order 23 rule 3 of cpc.

3. However filing of compromise petition is not mandatory and if parties otherwise resolves the dispute out side court hen the plaintiff can alone withdraw the suit for which the other party need not visit the court.

4. If someone is unfit to visit the court he can give a POA to his relative to represent him in court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Yes it is possible to file a joint compromise petition to the court stating that the dispute between the two parties are settled out of court amicably and the dispute is resolved and can request the court to permit withdrawal of the case and not to press further in view of out of court settlement between the parties.

2. If it is not possible for one party to attend the court proceedings, he can authorise his Lawyer to represent him in the court to take a decision on his behalf.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

Dear sir

File affidavit on behalf of him

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Dear Sir,

Normally during the course Court compromises, Court insists for personal presence of both the parties. The other party can execute Special Power of Attorney to represent in Court and entire into compromise which will be more stronger.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Yes, you are are to enter into a out of court settlement, even before the matter goes to Court.

Take assistance of a lawyer to draft the compromise/settlement deed for you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

So my next question is that the case is going on in court and while the case is still going on the other party wants to compromise so even in such case if one party cannot go to court for health reasons like handicap even then the compromise can happen by submitting an affidavit without going to court ?

No, at least appear through a lawyer and inform the Court that you are willing to settle the dispute out of court. Doing this much is a pre-requisite for out of court settlement.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello sir , it depends upon under what section the FIR is lodged .. If the offence is compoundable then a affidavit will be sufficient to finish the case ...If the offence is non-compoundable , then you can prepare a affidavit and file application in high court under section 482 Crpc ..the high court can quash the FIR under its discretion .. you can get Back to me for further doubts

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

A.1 You can execute the compromise deed of a person who is unable to attend the Court by taking Power Of Attorney.

A.2 Best way to obtain POA of a person who is unable to attend Court.

Raghuvir G. Chaudhary
Advocate, Ahmedabad
48 Answers
4 Consultations

5.0 on 5.0

See the person has to execute a POA in favour of somebody to appear before court if he is unable or file an affidavit that he cannot appear as because of disability as court suggest as in recent times there were few cases where compromise was arrived then after it a plea was taken by party that his consent was not there and compromise was signed forcefully so the Hon'ble Court need to verify along with the compromise agreement that if both parties are present and agreeing on compromise before court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Compromise can be submitted by advocate appointed by party sitting inability of party to attend court due to physical deficiency.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

- In case of civil suits, out of court settlement can be brought at any stage of the suit and further the counsels of the parties can withdraw the case from the court in the absence of parties upon their instructions.

- In Criminal cases , court permission is not required in compoundable offences.But when there is compromise between the parties or out of court settlement in non-compoundable offences, prior permission of court is required. Although court holds a discretionary power to cancel the settlement anytime. But the appearance is mandatory for the parties in criminal cases.

However, if any of the parties are unable to appear before the court due his physical reasons, then he should move an application supporting with an affidavit for the same with the help of his/her lawyer .

Court is always ready for the settlement in the case , if both parties wanted to do so.

Mohammed Shahzad
Advocate, Delhi
9903 Answers
121 Consultations

5.0 on 5.0

No doubt as name suggests that the out of court settlement can be done outside the court.

However if there is a litigation pending in this regard, how will you close the case in the court without the parties appearing before the court.

The court would need to see both the parties expressing their decision for this type of settlement to dispose the case.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

So my next question is that the case is going on in court and while the case is still going on the other party wants to compromise so even in such case if one party cannot go to court for health reasons like handicap even then the compromise can happen by submitting an affidavit without going to court ?

The affidavit has to be sworn in court before judge to establish the settlement after which a decree or judgment will be drawn by court on the basis of settlement conditions agreed by both parties which has been mentioned in the affidavit.

Hence it is pertinent for both the parties to appear before court to file a joint memo for out of court settlement of the pending case.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

My question is regarding out of court settlement .i want to ask that if both the parties want to compromise a case then can it be done without going to the court lf someone is seriously ill or handicap and cannot go to the court .Please answer it asap

If the case is pending before the court then it is advised that both the parties appear before the court.

However if one party is not a situation to appear then a permission for his exemption may be taken from the court

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

An affidavit of compromise can be made outside the court and the same can be submitted by the complainant of the case and a lawyer may appear from the other side with an exemption application alongwith the medical documents in support of the same

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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