Criminal case settlement outside court?
Minakshi
(Querist) 15 March 2012
This query is : Resolved
If an FIR is lodged against a person but the charge-sheet has not yet been filed by the police, is it still possible that the case can be settled outside the court by both the parties ?
Guest
(Expert) 16 March 2012
depending upon the nature of case. you can contact for further details
Kiran Kumar
(Expert) 16 March 2012
Can you pls mention the relevant sections imposed in FIR?
PARTHA P BORBORA
(Expert) 16 March 2012
you connot compromise in all criminal cases. Compromise is allowed only if the offence is comparable one. So pl provide the relevant Sections.
Guest
(Expert) 16 March 2012
If the offence is of cognizable nature, I don't think the parties would have any option to settle the criminal case outside the court.
Shonee Kapoor
(Expert) 16 March 2012
If the case is compoundable yes.
If the case is non-compoundable no.
However, certain non-conpoundable cases can also be quashed based on the compromise.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 16 March 2012
PS: A better option would be to take this settlement to Lok-adalat and get the agreement done there,.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 16 March 2012
Dear Minakshi
there is no provision to finish the matter outside of the court, you can only settle the matter outside the court, but after that you can file your settlement or record statement of this settlement before court after that the case can be finished.
SAINATH DEVALLA
(Expert) 16 March 2012
Dear Minakshi,
Even if an FIR is lodged,the case can be settled outside,and the outcome to be informed to the police by both the parties.Police should not involve themselves in outside settlements.If they come to a conclusion that the settlement is aceptable without any future complications,they can close the matter,and preparation of chargesheet does not arise.
Another aspect is the nature and velocity of the complaint.
Raj Kumar Makkad
(Expert) 16 March 2012
Nothing is required to be added more in the detailed advice already on file.
Minakshi
(Querist) 16 March 2012
Thanks all for replies..
Sainath,
Do you mean to say that if both the parties think that they can settle the matter outside the court, then the police wont file the chargesheet ?? and will the case be closed ??
V R SHROFF
(Expert) 16 March 2012
if IPC sec is for compoundable offence.
SAINATH DEVALLA
(Expert) 17 March 2012
Dear Minakshi,
Why do you talk about court when the FIR itself is not registered.You can inform the concerned police in advance that you are going to settle the matter outside.They will agree for the settlement.Go on and don't delay.
Minakshi
(Querist) 19 March 2012
Ok, if the relevant sections imposed in the FIR are 279,338 and both the parties agree to compromise on a certain amount, then can the FIR be quashed ?
Shonee Kapoor
(Expert) 23 March 2012
Yes FIR can be quashed based on the compromise by the HC.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
