HAJARATABI Vs. MEHBOOBSAB

JUDGEMENT

(1.) The complainant had instituted a suit in OS No.57/2013. The petitioner - accused No.1 also filed a suit in OS No.7/2016 seeking for 1/4th share in the subject property against accused Nos.2 to 4. The said suit appears to have ended in a compromise and decree was drawn in OS No.57/2013. The decree which was ordered in OS No.57/2013 was pending in final decree proceeding in FDP No.81/2016. In the said FDP, the parties to the said lis i.e. petitioner - accused No.1 and also the complainant entered into a compromise. The compromise deed reads as follows:

(2.) As per Clause-(iii) of the said terms and conditions, the complainant undertook to withdraw the criminal case in PC No.2/2017 for the aforesaid offences.

(3.) The allegation is that pursuant to the said compromise entered into between the parties, the complainant failed to adhere to the compromise by withdrawing the pending case in CC No.244/2017. It is in that light, the petitioner has knocked the doors of this Court.