• Compromise in police station

Hi Need suggestion on the below: 

On 8th of August, 2017 my elder brother and his wife had a physical violence with me and my wife where my wife was 3 months pregnant. We complaint a case with police as well with women help line. To avoid any FIR against my brother and his wife they made a compromise in the Police station that they will never repeat such incident and that within 8 months they will also separate their portion in the property. (Currently they are using toilet, bathroom and Kitchen which comes under my portion and constructed by me as well.) This statement was signed by both the parties in the police station. Now as the period of 8 months is almost near in April I have been observing that they are not doing anything which shows their intention that they have to stop using my portion.
Kindly give me advice what legal action I can take against them in case they go against this agreement which they signed in the police station.
Please do let me know if any other detail is required.
Thanks.
Asked 4 years ago in Family Law
Religion: Muslim

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

Are the toilet, bathroom and Kitchen common for all?

Before the expiry of 8 months time you all can do a general meeting in front of some witnesses (if required, so that no more violence occur) and discuss and know how and when they will partition/separate the portion as per the agreement?

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Dear Client,

Such compromise have no legal sanctity, except u can file FIR on same act committed by them giving reason that that time FIR was postponed due to their undertaking, which they fail to honor.

Or u can file for suit of specific performance -

With the help of S 49 of Registration Act you can file a civil suit for specific performance of un registered agreement.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Please let us know whose name is property and whether it is ancestral property or self acquired and is it partitioned among you brothers.

If it is ancestral property you can claim for partition and separate possession of property also for injunction restraining them from using your portion of premises. If it is your self acquired property and if they are in permissive possession better file suit for ejectment and injunction.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. There are ways in executing Agreements to be legally binding.

2. Agreement executed under coercion (by police) will not be treated as legally valid.

3. However, you can lodge another police complaint now with the same or similar allegation against them and ask the police to register FIR accordingly.

4. If police refuse to register FIR or if your brother still refuse to comply with the terms of the compromise agreement he had signed, you can file a Writ Petition before the High Court against police inaction praying for a direction upon the police to register FIR, investigate and act based on your said complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Hello,

This agreement per se has no legal validity apart from the fact that they undertook that this is not their portion.

Note that you may just again approach the police station and see if the police can help.

Otherwise you will have to file a suit for injunction in the civil court of competent jurisdiction.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) First again visit in the police station and inform them remainder by via of police to vacan the premises in next month and in their hand only one month is remaining to take precautions of their day to day activities.

2) Take it politely and inform police. Otherwise you put partition in your area with help of police and give one month notice as will, by hand written letter ti your brother and one copy to police station, police commissioner, department of Municipal corporation authority.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

issue legal notice to vacate your portion of property as per agreement entered into between parties

2) if they refuse you can file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1)issue legal notice to brother , his wife to comply with terms of agreement .

2)if they fail to do so file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Visit police station and give complaint that under what compromise the FIR was not filed the opposite party is breaching same so the FIR should be registered and delay in filing should be explained based on the compromise and there breach.

Also it is joint property file a civil suit for partition of the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File a partition suit and get your share in this property partitioned by metes and bounds and restrain them from entering upon your share/portion.

Contact a local civil lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

File a suit of permanent injunction against them apart from submitting a suitably worded police complaint in the same police station

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

4.9 on 5.0

The agreement entered into in the police station is not a legally valid agreement and cannot be enforceable.

Further the police will not entertain any complaint in this regard if you make a complaint again on their failure to comply with the agreed conditions.

The police will ask you to to approach civil court for remedy.

In fact the remedy is available in the civil court through a mandatory injunction suit.

Better approach your advocate and on his advise you may file a suit accordingly.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Police are not authorised to do any such settlement in Police station. The said settlement doesn't have any legal standing. You can file a case in court for such harrassment and voilence.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer