compounding of complaint case under SC ST act
vinod bansal
(Querist) 14 May 2009
This query is : Resolved
Sir
A comkplaint was filed by me under SC ST act,which is pending before special sessions judge & charge has already been framed & case is fixed for evidence,due to compromise now i want to withdraw my case,is it permitted at this stage as the charge has already been framed.I want to withdraw my case,i dont want to hostile.plz help
Swami Sadashiva Brahmendra Sar
(Expert) 15 May 2009
1. If a case is compoundable under law, it can be comounded at any stage.
2. when a case is not compoundable but complainant files compromise/withdrawl application, it is practice that courts take lenient view about punishment but can not pass a compoundig order.
adv. rajeev ( rajoo )
(Expert) 15 May 2009
Dear Vinod
It is non compoundable offence, even though there is compromise between the complainant and the accused,trial is necessary. In the trial u can say regarding the compromise and u and wittnesses will have to be turned out hostile.
adv. rajeev ( rajoo )
(Expert) 15 May 2009
It is non compoundable offence, trial is must. In the trial u can said about the compromise. U and other wittnesses will have to be turned hostile.
adv. rajeev ( rajoo )
(Expert) 15 May 2009
It is non compoundable case, trial is must, complainant and wittnesses will have to be turned hostile. U can say about the compromise at the time of your evidence.
adv. rajeev ( rajoo )
(Expert) 15 May 2009
It is non compoundable case, trial is must, complainant and wittnesses will have to be turned hostile. U can say about the compromise at the time of your evidence.
PALNITKAR V.V.
(Expert) 16 May 2009
why to turn hostile? the witnesses can simply say that there is compromise and they do not want to depose against the accused as they have no grievance now.
MANISH
(Expert) 17 May 2009
Dear friend,
You may state before the Hon'ble Court that the matter has been compromised, and the court may either accept such compromise and decline to proceed further or may refuse your contention and may proceed with the case, as in the whole SC/ST Act, no provision regarding compounding of offence is stated. However, it has been stated in the Civil Liberties Act that such matters may be compounded.
However, the best possible option in such cases, is that the accused may move before the high court of the concerned state, and may apply for the quashing of the proceedings u/s 482 of CrPC, wherein your Affidavit may also be filed as well as your personal appearance.
Ravi Arora
(Expert) 18 May 2009
agreed with rajeev
WHATSAPP 91-8075113965
(Expert) 08 May 2010
DEAR FREIND,
offences under scst atrocities Act are of more serious in nature and are triable by sessions court and non-compoundable.
in a non-compoundable offence, you cannot file a compromise/ compounding petition, at all. ( Dr.Tripathi not right, in this respect. )see sec. 320(1) or (2) of CrPC.
The only remedy before you is to turn hostile to the statements you have given to police u/s 161 CrPC.
BUT, beware you cannot disown your signed complaint completely, as it will put you in trouble, as court can take a case against you for giving false evidence.
you can disown your statements to police, as it does not contain your signature, but your complaint will bear your signature.
no one is allowed to speak against a document which carries his signature, otherwise he has to prove that it was obtained under threat and being aggreived by it, the action he has taken on it......and so on..
prabhakar is also not right as high courts will not generally invoke sec 482 crpc to quash the proceedings, on the mere ground of " settlement/compromise".
SALILKUMAR.P
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