• Mistakenly compromise in criminal case

I had put compromise in criminal case under sections 323, 324,325 in condition to leave my encroached land,but after putting compromise he refused to leave my land.I had filled revoke petition in lower court in mean time other party went to high court and took and order that " since the parties are family member and incident took during dwelling of house. If parties have already compromised the court below shall consider the same at the time of hearing of case". But in actual compromise has not occured and i am feeling cheted.my advocate is telling since i had put compromise there is no chance of punishment to them because these are compoundable.what should i do now to get them punishment.Time lapsed is 6 months after high court order.
Asked 10 months ago in Criminal Law from Patna, Bihar
Religion: Hindu
You missed the bus by not contesting the compromise in the HC. It is your case that after you had applied to the lower court to revoke the compromise the other party went to HC, so this was the opportunity for you to thwart his attempt to get the case quashed on the basis of a compromise which was not honoured in letter and spirit. Now the only remedy is to convince the lower court that the compromise has not been executed, and thus the trial should be allowed to continue,
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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Hi
what is the status of the case in the trial court .Did the trial start after the high court order.
Since you have filed Petition to revoke the compounding petition on reason that the opposite parties had  not complied by their conditions and did not leave the land the same can be brought to the notice of the court at the time of hearing.
The high court order is a suggestion and a caution during hearing .The trial will have to take place so  based on the evidence before the court  it will pass order.
Your lawyer should convince the court about your   stand .
Thresiamma G. Mathew
Advocate, Mumbai
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85 Consultations
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Nothing is lost till now as the case is still pending in the court. Tell the judge that you do not intend to compromise the matter and that he should proceed in accordance with the law. You cannot go to HC now.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1) if undertaking was given in compromise by other party you have to take contempt of court proceedings if other party has violated its terms 

2) HC would not have passed order without hearing you . Other party must have served you with copy of petition filed by him in HC . You should have contested his petition before HC and mentioned he has failed to comply with consent terms 
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
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1) yiur lawyer should mention compromise has not been acted upon by opposite party 

2) HC order says if parties have already compromised trial court to consider it at hearing on case 

3) no compromise has taken place as opposite party violated its terms 

4) wait for judgment 
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
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The high court has already passed an order as below:
" since the parties are family member and incident took during dwelling of house. If parties have already compromised the court below shall consider the same at the time of hearing of case". 
This means the high court has not interfered in the decision of parties at lower court.  You still can withdraw the compromise petition already filed in the lower court by filing another petition stating that the conditions for compromise have not been honored by the opposite parties, hence the case may be prosecuted as per law. 
The trial court will consider this petition on merits.  You have relief in lower court itself.
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
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The trial is on argument, but judge has indicated the high court order and asked my advocate that since compoundable can he  let  the victims free.what should i can do inorder to prove compromise should not affect judgment since i was cheted? Can i go to high court now?  Or after judgment.
You cannot prefer an appeal after judgment acquitting the accused. Therefore, you should insist through the advocate that the compromise conditions have not been honored hence you are withdrawing the compromise petition, therefore the accused should be tried as per law for the offences.  You can convince court if need be by filing an affidavit before court to this effect. 
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0

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