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

[Dr. Ashok Dhamija]

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.

     

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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.

[Govind singh]

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 ?

[Dr. Ashok Dhamija]

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.     

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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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