Compromise settlement for case u/s 408 & 420 of ipc
Roy boomba
(Querist) 25 January 2014
This query is : Resolved
One of my friend was falsely convicted under section 408 & 420 of ipc, now both the parties want to compromise and withdraw the cases. I just want to know that what are the steps to be considered while doing the compromise settlement agreement. Can the police harass the convict after signing of the settlement deed and before appearing in the court on the date given by the court? Please help. Urgent reply and advice needed.
Devajyoti Barman
(Expert) 25 January 2014
I believe your friend has now been charged only and not convicted which is done after trial on submission of charge sheet.
In either case both the parties can go to high court and apply for quashing on mutual consent.
Roy boomba
(Querist) 26 January 2014
@Mr. Barman- Thanks for the reply. Yes, it was my mistake, he is charged only. I just wanted to know that can the police harass him before he takes a bail from court on the basis of this compromise settlement agreement? Actually as the lawyer told us, quashing will take some time, maybe of 4 to 5 court hearings...
ajay sethi
(Expert) 26 January 2014
based on compromise settlement you can move HC for quashing the case . cops cant harass you
Roy boomba
(Querist) 26 January 2014
@Mr. Sethi - I know that after moving to court cops won`t harass. But the situation is that the deed of settlement is supposed to be signed by both parties on 27th Jan 2014 but the date of court is scheduled on 7th Feb 2014. So I just want to know that between this period can the cops harass the victim if he stays in his residence. Please advice
T. Kalaiselvan, Advocate
(Expert) 26 January 2014
Both the offences are compoundable, why dont you do it in the court itself. If you apprehend police harassment, obtain an anticipatory bail to be on the safer side.
Roy boomba
(Querist) 26 January 2014
@Mr. Kalaiselvan - we did try for anticipatory bail but it was rejected. Now the victim doesn`t wan`t to take this further as he is from a poor background. He has agreed to give in all he has to get out of it. Is there any way out for this days between the court hearing?
Surrender K Singal
(Expert) 26 January 2014
On or after 27.01.2014, the concerned Court be apprised of the apprehensions, requesting for suitable directions to the Police
Devajyoti Barman
(Expert) 26 January 2014
If the case is mutually quashed then no need for bail.
Uday Kumar
(Expert) 04 May 2014
Hello
This is a Complaint case, both party has compromised and compromised deed has been filed in Trial Court. Hence even trial court has power to close the case as per 320 CRPC 420 IPC can be compounded with the permission of the court However Since FIR is also there which can be quashed by HC under 482 CRPC only on the basis of Compromise. Police cannot arrest you now once bail has been granted.
So far nothing incriminating in this case and it is advisable to file p u/s 482 in HC and get the instant relief
Regards
advudaykumae@gmail.com
Surrender K Singal
(Expert) 05 May 2014
LET HIM SEEK ASSISTANCE FROM HC's LEGAL AID CELL DUE TO HIS FINANCIAL CONDITION
