Compromise section 452 with cross fir 498A
Mustafa
(Querist) 10 March 2018
This query is : Resolved
My sister was suffering with dowry harrasment and physical assault when i intervened i was slapped with 452 . so ultimately we have to file 498 A.
Matter is under trial in sessions court.
Now came to settlement
Are these both offence compoundable?
The opposition people are very cunning and dangerous.
We fear that they will get their case closed and we will be cheated.
What precautions to be taken.
That guy is big liar very influencial.
Vijay Raj Mahajan
(Expert) 11 March 2018
Both sections 452 and 498A IPC are non-compoundable offences. The compromise in these can be done either by quashing the proceedings through the High Court where the court has to be satisfied of the mutual compromise done by the parties before the quashing order passed. Another way to get these criminal complaint cases compromised is by getting these two dismissed by the trail court where both parties withdraw these charges made against each other.
The compromise between both parties should be carried out either in the Mediation and Conciliation Centre of the Session/High Court where both parties agree to settle their disputes amicably, the withdrawal of all charges made will be withdrawn, the payment of damages will be completed and recorded. The divorce by mutual consent if has to take place than the permanent alimony amount and maintenance for wife and child if any has to be fixed and made before the criminal proceedings get quashed or dismissed in the court as the case may be. If compromise is to continue marriage undertaking about good behaviour and keeping the wife with dignity and proving her love and care etc. will be noted. All these terms and conditions are recorded, signed by both parties and mediator appointed by the court for carrying out the process. The agreement of this kind becomes part of the court case file record and is mentioned by the court in its judgment thus giving it strong piece of evidence for all times. Any doubts of the other party cheating in future will be putting them in bigger trouble if that happens.
P. Venu
(Expert) 11 March 2018
What is the advice of the lawyer?
Mustafa
(Querist) 11 March 2018
Lawyers attitude is very cold and mild and does not give clean concrete answers
So just wanted to know
Mustafa
(Querist) 11 March 2018
Lawyers attitude is very cold and mild and does not give clean concrete answers
So just wanted to know
Mustafa
(Querist) 11 March 2018
Lawyers attitude is very cold and mild and does not give clean concrete answers
So just wanted to know
Dr J C Vashista
(Expert) 12 March 2018
If you are dissatisfied with the response of your lawyer, who is well aware about the facts and circumstances of the case, competent, able and intelligent enough to take care of your questions, you have the only option to change him immediately. Otherwise, follow his advise and guidance.
Seeking second opinion of experts on this platform on the basis of limited information provided by you may harm your case.
Adv. Yogen Kakade
(Expert) 12 March 2018
Mr. Mustafa,
Please mention full facts of the case. Both the sections mentioned by you are non-compoundable, but you can request the trial court with an application and get the trial of the case done immediately if the charge sheet is filed by the concerned IO. It is advisable to engage a smart criminal lawyer.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883
