Kapoor Chand vs. Roshan Lal Saini
Held
The Court noted that both parties, the petitioner and the respondent, along with their respective counsel, voluntarily and amicably settled the matter with their free consent, will, and volition, without any undue influence or misrepresentation. The complainant-respondent confirmed receipt of Rs. 4,50,000/- as a full and final settlement. Consequently, the matter was finally settled, and the parties are bound by the agreed terms. The compounding of the offense was accepted, leading to the acquittal of the petitioner-accused. No costs were imposed due to the cost-effective and speedy disposal of the matter before the National Lok Adalat.
Facts
This matter was referred to the National Lok Adalat for determination. The petitioner, Kapoor Chand, and the respondent, Roshan Lal, voluntarily and amicably settled their dispute. As per the settlement, the complainant-respondent received a sum of Rs. 4,50,000/- as full and final settlement. The parties and their counsel accepted the terms of the settlement and appended their signatures. The compounding of the offense was to have the effect of acquittal.
Key Issues
1. Whether the parties have voluntarily and amicably settled the dispute with their free consent, will, and volition, without any undue influence or misrepresentation? Petitioner's Contention: The petitioner, through his counsel, participated in the Lok Adalat and agreed to the settlement terms. Respondent's Contention: The respondent, through his counsel, participated in the Lok Adalat and agreed to the settlement terms, having received the full and final settlement amount.
AI-generated summary — verify with the full judgment below
BEFORE THE NATIONAL LOK ADALAT Present: Mr. Vijay Mokta, Advocate vice counsel for the petitioner alongwith petitioner in person.
Mr. Anmol Chauhan, Advocate vice counsel for the respondent alongwith respondent in person.
The matter has been referred for determination to the National Lok Adalat. Both the parties have voluntarily and amicably settled the matter with their free consent, will, volition and without any undue influence or misrepresentation.
As per settlement arrived between the parties, the complainant-respondent has received a sum of Rs.4,50,000/- (Four Lacs Fifty Thousand) as a full and final settlement of the case.
Accordingly, the matter stands finally settled. The parties shall be bound by the terms and conditions of the agreement as agreed.
The terms and conditions of the settlement as above have been explained to the parties/counsel, which they have accepted as correct and appended their signature in evidence of the settlement. Members have also counter signed it.
The compounding of the offence shall have an e
The judgment continues below.
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Reproduced from the public record of the Himachal Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.