Consent/compromise order by collusion, pressure, coercion in CrPC 125

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This topic contains 3 replies, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 4 months, 1 week ago.

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  • #4428

    Dear Sir,

    In my CrPC125 case, my wife in her petition and in her evidence by affidavit, hide certain material facts about her income from the Hon’ble Family court. I mentioned about same in my reply to her petition.
    The interim maintenance was decided by consent, though by inducement/pressure on me from the Hon’ble family court judge.
    Recently, on the day of submission of her evidence by affidavit, her lawyer verbally requested the Hon’ble Family Court judge to exempt/not allow cross-examination of my wife and decide the case just on the basis of affidavits of both the parties. But I requested Hon’ble Judge to allow cross-examination of my wife as she has come to court with unclean hands and is hiding material facts from Court. The Judge asked me to submit an application for wife’s cross-examination.
    On next date of hearing (12 days ago),my lawyer was to cross-examine her. But instead of cross-examining her, before arrival of my wife and her lawyer, my lawyer started
    to discourage me from cross-examining her. My lawyer knew that she is hiding facts from Hon’ble Court and would be liable for perjury for same. I clearly told my lawyer to not agree for compromise and contest the case on merits. After arrival of opponent lawyer, my lawyer told Hon’ble judge to finalise the interim maintenance amount as final maintenance. Opponent lawyer and my wife told the court that she will not seek any maintenance for herself and maintenance shall be decided by consent only for my son. During proceedings, I opposed deciding the case by compromise/consent and allow cross-examination of wife but the Hon’ble judge started dictating compromise statement and my lawyer instead of supporting me, started to pressurise me for decision of case by compromise. I opposed it and argued with Hon’ble judge to decide the case on merits but he pressurised me to tell an amount that I am willing to give for my son as utlimately I have to give maintenance for my son, which i have been regularly paying (interim maintenance) and in this way, he pressurised me to decide the case by compromise/consent rather than on merits.
    Due to lack of support from my lawyer and pressure of Hon’ble judge and commotion by my wife and her lawyer, I got affected/induced/mentally numb to sign the compromise
    statement dictated by the Hon’ble judge. Based on above and certain other previous actions/inactions of my lawyer, I feel my lawyer colluded with opposite party
    so that her lies and her conduct shall not come on record and to save her from facing perjury.
    I feel cheated by my lawyer and decision of the case by compromise/consent. I never wanted to compromise/settle the case.

    My queries are:
    1. Can I ask the Hon’ble Court to nullify/revoke/set aside the said compromise/consent and restart case from where it was and to decide the case on merits?
    2. Can i take against my lawyer for deceiving me and acting against my instruction/interests ?
    3. What are remedies available to me in this situation?

    Thank you very much.
    Regards,
    Govind

  • #4440

    Once you have yourself signed the compromise statement, how do you blame the lawyer? Your lawyer might perhaps have colluded as you allege, but at least you could have refused to sign. It is your own mistake if you have signed it.

    In any case, in the facts stated by you, it would be advisable for you to approach the higher courts by challenging the order on the grounds mentioned by you, instead of approaching the same court.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • #4442

    Dear Sir,
    Thank you for your reply and guidance.
    I refused many times to the Hon’ble judge and to my lawyer (which persisted in pressurising me to not contest and settle case by compromise). After all this haggling with Hon’ble judge, my own lawyer and opposite party and her lawyer, my mind stopped working and i panicked that judge will do some adverse order against me and somehow in that state i signed.
    Since the order has been done by Family Court, do i need to approach the High Court under article 226 or 227 of constitution ?

  • #4449

    It may perhaps be better to approach the High Court for an appeal or revision under Section 19 of the Family Courts Act, 1984, depending on exact nature of the order. But, if it the order being challenged is an interlocutory order, then you can try under Section 482 of the Cr.P.C.     


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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