Out of Court Settlement - FIR lodged u/s 417/376, 120B, 506 IPC)
An FIR was filed u/s 417/376, 120B, 506 IPC. The case was initiated to the effect that the complainant (female) met accused no.1 through BharatMatrimony.com and a relationship developed between the two. The accd.no.1 (male) on the pretext to marry the complainant persuaded her to go to Digha with him where he sexually assaulted the complainant in between 10-13th July 2015.The accused no.2 (female) in connivance with accused no.1 made the plan to commit the offence and threatened the complainant.
Now the accused no.1 wants to settle the case out of court & has approached the complainant but accd. no.2 is not willing.In such a case, would the settlement have teeth and what should be the terms and conditions of such a settlement so that there is no future harm/litigation against the complainant?
Asked 8 years ago in Criminal Law
Religion: Hindu
Are the terms and conditions of the agreed settlement okay or something else need to be added?
(a) The settlement is meant to settle all differences between the parties with promise of no further claims, defamation and/or or other legal suits to be filed in the future by either of the two parties to the agreement.
(b) No further harm on the parties concerned, their family members, whether in terms of physical injury or spoiling reputation (by libel, slander etc.) will be inflicted by either party on the other, independently or in connivance with each other or with third party(ies), in near and distant future. In case there is such an evidence or foreboding of such harm, necessary legal and other consequences of such actions will follow by the FIRST PART on the SECOND PART and vice versa.
(c) That it is further agreed by the parties that all legal expenses related to this issue, including reimbursement of legal fees borne hitherto to the FIRST PART as well as legal charges henceforth, would be borne by SECOND PART of this agreement.
(d) That it is further agreed by the parties that for the need of settlements both parties would try their best to appear before any court or place as and when required, except in case of transfer/posting of parties outside the State or other pressing official/social obligations or other such extenuating circumstances.
(e) That this agreement is made voluntarily and both parties have agreed with the trams terms and conditions without being influenced, coerced, forced, induced from any corner or any person and this agreement is made with bona fide intention.
Asked 8 years ago
Since accused no.2 does not want to sign the settlement but accused no.1 (male) does, can additional clauses be added against accd. no. 2 to make the settlement foolproof against future defamation by accused no.1?
Asked 8 years ago