Compundable
Querist :
Anonymous
(Querist) 24 September 2011
This query is : Resolved
Dear Expert
A criminal case U/s 366 CRPC was registered now the complainant want to compromise as the case was falsely registered to pressure us to accept their daughter as daughter in law but they failed to do so but my son was taken away convincing him that they will provide him a service, now my son is leaving with the girl at their home, so they want to withdraw the case is it permissible under the law, please advice.I want to fight back to teach them a lesson
Thanking you in anticipation.
prabhakar singh
(Expert) 24 September 2011
If you want to fight back to teach them lesson,better do not think of compromise,get acquitted after contest.
Since any advice on way to compromise will frustrate your objective ,i restrain myself from giving you any advice.
Moreover your case must be u/s366 I.P.C./not Cr.P.C. as you have stated.
The case is Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable and Punishment—Imprisonment for 10 years and fine.
PARTHA P BORBORA
(Expert) 24 September 2011
A case under Section 366 IPC is not compoundable. But your son may compromise it out side court and at the time of disposition of the witnesses, if the victim deposed that she was not abducted by the accused but she went with the accused at her free will(the victim is a major girl, as the case is registered under Section 366 IPC), the Court will aquite the accused from all criminal charges. But, in my opinion you have no chance to fight back, because you have no locus standy to do so. the case is against your son not against you and he is with the girl.
Devajyoti Barman
(Expert) 24 September 2011
Yes, you would get the chance to fight back only after your acquittal as thereafter you may file a suit for malicious prosecution.
Shonee Kapoor
(Expert) 24 September 2011
Dear Sir,
Revenge is a very dangerous emotion. Keep it in check.
If you are a successful person 10 years later despite the cases, that would be the best revenge.
Concentrate on acquittal and then think ahead.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 24 September 2011
I do agree with common views of experts.
Querist :
Anonymous
(Querist) 25 September 2011
Dear Sir,
The girl confessed in front of the magistrate that she on her will elloped with my son. Actually they lodged FIR after our submission of missing report to PS, we submitted missing report on 23/05/11 suspecting the girls familly after that they on 24/05/11 filed an FIR to the same PS stating that on 18/05/11 at around 5.30 PM my son & my wife kidnapped the girl and forcefully married to their daughter whereas we (me & my son) on 18 05/11 at around 10:10 PM went to the PS and wanted to lodge an FIR against the girl because she every nowand then blackmailed my son saying you marry me otherwise I will commite sucide myself, but the PS did not take any action, next day in the morning I made Speed Post to SP the same FIR. in the FIR we gave several mobile number including a pedisterian number from those number the girl made phone call to my son from 7.00 PM to 9.30 PM. but the police did not made any quarry to this number which vindicate that the girl were not kidnapped by any one as she was making phone call to my son.
