• Compromise

I have filed a complaint under IPC 420 against a person who has taken money from me fraudulently. Now he is willing to settle by transferring a land instead of money. My lawyer has suggested 2 options. Either to enter into agreement for land on stamp paper and submit in court or ask culprit to give undertaking in court for transfer land in stipulated time. I am confused as the culprit has history of violating his promises and i am unsure which way will be safer if the culprit violate. 
In your esteemed opinion which document is more enforceable or will safeguard my rights, an agreement between me and culprit on stamp paper or an undertaking by culprit in the court? In case the culprit violates his promise what provisions i will have to transfer his property in my name through agreement or an undertaking as he cannot pay in terms of money in present and future? Are the provisions to execute agreement or terms of undertaking different?
Asked 7 years ago in Criminal Law
Religion: Hindu

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13 Answers

Hello,

best option will be to get the title of land in your favour by means of gift deed and thereafter on the basis of the same the case be withdrawan.

before getting the title make an MOU in which make a mention that you will withdraw the case once the same is done.

alternatively, file an application in the court for settelment and take next date and get an order that land is transferred before next date.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Do not withdraw the case unless and until you get your dues as agreed between both of you.

2. Once you fulfill his promise then only make compromise of the case.

3. Do not on the assurance of the agreement alone make your case finished before hand.

4. Once you are compensated adequately as per the mutual consent , you can get the case quashed in high court on mutual consent. 

Devajyoti Barman
Advocate, Kolkata
23657 Answers
538 Consultations

You should ask the person to sell the land and pay you the money instead of taking the land as the land can be prone to litigation or the title can be defective.

 

If the title of the land is clear, you can ask the accused to do a gift or relinquishment deed in your favour and to get the same registered in SRO, but do a thorough property due diligence before entering into a deal.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Take an undertaking by the borrower to the court

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

See best option is sale deed with you by mentioning the amount given by you as consideration and then executing a registered sale deed and you can sign a compromise. Or if he is not ready for sale deed then get the title of the property checked and then enter into registered sale agreement by mentioning the amount as consideration so if he fails to honour his agreement suit of specific performance can be filed also the sale agreement and undertaking can be placed on record before the court.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

undertaking from accused shoukd be filed 

 

breach of undertaking amounts to contempt of court 

 

in addition agreement for sale of land should be entered into 

Ajay Sethi
Advocate, Mumbai
99885 Answers
8152 Consultations

you can not withdraw a criminal case. you can absent to the evidence or you give evidence in opposite side favour. but you can not withdraw your case. since it is a non compoundable offence you can not enter into compromise also.

Best option is  Execute a registered sale deed.

 

Mohammed Mujeeb
Advocate, Hyderabad
19349 Answers
32 Consultations

You can compromise with him and get the offence compounded from Court

Prashant Nayak
Advocate, Mumbai
34597 Answers
249 Consultations

You don't have  to execute any agreement with him. Tell him to transfer the land first or give the money first and then only you shall proceed ahead for compounding the case. Do not go ahead on the basis of promises otherwise you will not get anything.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. If you opt for option 1 i.e agreement to sell, the only remedy for you will be to file a suit for specific performance of the agreement if he violates. There will be no penal consequences of it for him. If you opt for the second option then there will be penal consequences in form of contempt of court if the undertaking given by him before the court is violated subsequently. 

2. To be on a safer side you should opt for both options. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Client,

If he violates compromise, another round of civil litigation will start. Tell him to transfer land via gift deed first and than compromise will file in court. It will file in HC if trial has commenced in lower court.

His credibility is questionable not yours.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. Ask the culprit to execute a registered "sale deed" which is a final document. You should also take over possession of land immediately. If no possession is available, then do not do sale deed.

2. Along with above, take registered POA from culprit, with all probable clauses, before settling in court.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

The unregistered agreement if not valid and not enforceable in court of law, even if you get it executed through a court of law.

It would be better that you may ask him to transfer the proeprty to your name by a registered sale deed for which you can bear the charges for the stamp duty and registration process.

Or at least a registered sale agreement with clear terms recited in the registered agreement deed.

T Kalaiselvan
Advocate, Vellore
90087 Answers
2502 Consultations

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