It is difficult to answer your question without full facts. What was written in the agreement? What were the offences which were negated in the agreement? By “negated”, do you mean “compromise” or compounding of the offences or that the said offences did not take place or something else? Further, whether any consideration was paid to the other party for the so-called “negating” of the offences?
From what you have mentioned, it appears (though I am not sure) that the agreement was a sort of compromise or compounding of the offences mentioned therein. Please note that: (1) some offences can be compounded by the parties between themselves; (2) some other offences can be compounded by the parties only with the permission of the court; and, (3) some offences are completely non-compoundable.
Now, what type of offences were mentioned in the agreement? If they were in the (2) and (3) categories, then that agreement itself may perhaps be invalid.
Depending on the facts of your case, if the said agreement was valid and if sufficient consideration was paid for the above agreement, then you may perhaps seek to enforce that agreement and also bring it to the notice of the court depending on the nature of the offences involved.
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. List of his YouTube Videos.
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