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kavita (.)     02 December 2009

467 case settlement?

In 467 case, if the one complainter take his complaint back against the applicant then what  the next?



Learning

 6 Replies

santosh (Advocate)     02 December 2009

You are not clarifying the exact position. Whether the complaint is filed under IPC or any other Act. Please provide details to get proper reply.


(Guest)

 u/s 467 of IPC is non compundable, cognizable, non-bailable offecnce triable by megistrate

S.B.adil rahman (Legal Consultant )     06 December 2009

Kavita, Law juris Mumbai is correct provide  is a case under I.P.C. However you can twist this case as a case of Mistake of Fact with the help of the Investigating Agency to close down the matter.

sibasish pattanayak (lawyer)     26 December 2009

kavita, when the offence u/s 467 IPC has allready been commited by someone, subsequently if the defacto complainant file an application b4 the court  that he/she is not interested to proceed with the case, in that event the trial is not bound to close the case, the court can proceed with, as the offence has allready been committed.....that is non-compoundable.pl see smt dhara vs cbi .

sibasish pattanayak,advocate calcutta.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     27 December 2009

kavitha madam,

Offence under section 467 IPC can be quashed, if the matter is copromised between parties.

Supreme court of india has allowed to do so.

sibasish pattanayak (lawyer)     21 February 2010

sir,

thanks for your comments on u/s 467 ipc case settlement issue, if u please provide the appex court citation

in this regards so that it will be very help full to me.

regards

sibasish pattanayak

                advocate.

cell no. 09477090999

              09433074402

               09231668664


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