Compromise
pushpakrishna
(Querist) 06 April 2015
This query is : Resolved
Dear Experts,
I have filed a private compliant against an accused on behalf of my client U/s 307,406and 420 as the police concerned did not taken any action on my client's petition. The Honorable Judicial Magistrate of First class considered the complaint and refereed to the concerned Station house officer to issue FIR and for investigation.FIR has been issued by the Station House Officer.
Now the accused went to the complainant with the elders of the society for which my client accepted the advice of the elders.Now my client wants to with draw the complaint.but i advised to him to go to the SHO to send a final report to the court explaining the matter. so that after receiving a notice from the Police you come and request the court not to proceed. hence my request you all the experts give me a suitable advice for the benifit of the both parties .Thanq.
Devajyoti Barman
(Expert) 06 April 2015
Yes, he can submit an affidavit stating his willingness to no to prosecute with this. On this basis the police can file FRT.
If not then getting the cases dismissed on full trial or mutual quashing remains only option.
pushpakrishna
(Querist) 06 April 2015
Respected expert Devajyothi Barman garu,
Thank you very much for your prompt and valuable reply.But generally courts accepts only sworn statements before the Bench except sworn statement in the form of an Affidavit u/s 145 in 138 cases of N.I act .kindly clarify in this respect.Thanq Sir.
SAINATH DEVALLA
(Expert) 07 April 2015
U have not mentioned what type of a private complaint it is? Is it related NI Act
Dr J C Vashista
(Expert) 08 April 2015
How the police did not lodge a complaint/ FIR U/S 307 IPC??? And it compelled you to approach the Court for lodging FIR?
Case u/s 406/420 IPC and 307 IPC are two different situations, without any relevance to each other, isn't it?
T. Kalaiselvan, Advocate
(Expert) 10 April 2015
Seems to be a hypothetical query, however experts have properly addressed the same, I agree with them.
