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BDoes the sale deed have both your father’s and your uncle’s name as purchasers? Does your father and your uncle have an agreement towards payment for the flat?BIt is compoundable with the permission of the court. An application must be filed to make it compoundable. The trial court will conduct an inquiry and will pass its orders. But yeah, you’ll need the complainant to be present in order to inform the court that she does not wish to prosecute. You can protect your interests by making sure the agreement for non prosecution by the complainant is written down. The same can also be submitted before the court.
Alternatively, you can approach the HC as well for quashing the FIR against you. But if the trial court has framed charges (different from a charge sheet filed by the police), then it will be difficult before the HC.
BThe bank is not going to come after the husband for the loans of the wife unless the husband has co-signed or is a personal guarantor, they have a joint account which is tied to the loan or the wife dies without repaying. But it is possible for the wife to come after the husband for her loans. Make sure such debts are disclosed before marriage.BYeah you can enter into a settlement in a 354 case. Best scenario, your nightmare ends by paying money. Worth it. But if you are far more interested in justice, continue fighting. It will be tough. You’ll have to appear in court every single time. But, more often than not, you’re gonna be acquitted regardless of the fact whether you’re innocent or not because proving a 354 case is much more difficult. Oftentimes it becomes your word against the victim’s, unless there’s a record of you actually using criminal force against her. If you are as innocent as you claim, and there is no substantive evidence against you, you can get acquitted and if your lawyer is any good, perhaps even a comment by the judge noting malicious prosecution. With that you can sue her in civil court for compensation (malicious prosecution) with far greater success.BThere’s a saying in court. A bad settlement is much better than a good judgement. You have an opportunity to end divorce cases in a way that many do not have. You can settle all disputes, including maintenance, through compromise. You will save time and money. But of course, considering the fact that they approached you generally means you have a very strong case. Use it to your advantage and get a mutual divorce.BA civil suit for recovery of money. Approach a lawyer to file a suit before the local civil court. There is an application one can file colloquially called an ABJ. Which is an application for attachment of property by stating that the borrower may run away from his debts.Additionally, you can also file an application for the borrower’s bankruptcy, essentially liquidating all his assets in order to repay debts, but in that scenario you’d be getting paise on the rupee.
And don’t worry about the threatening to suicide thing at all. As long as you don’t do anything outside of the law, sending notices and filing complaints with the police, etc., isn’t going to get you in trouble for the borrower’s suicide. It’s your right.
For the future, make sure you have a proper written agreement in place for consequences of default in repayment. Ideally with an arbitration agreement, which will cut down on litigation time by a lot, and still be as enforceable as an order passed by a court.
