Section 156 3
RAJESH CHOPRA
(Querist) 30 November 2012
This query is : Resolved
I would like to know if a false case filed under section 156 3 for criminal offence be withdrawn / compromised at a later stage with mutual consent of both the parties.
ajay sethi
(Expert) 30 November 2012
if complaint is lodged magistarte passes an order for carrying out investigato to the police . on investigations the truth as to whether complaint is false or truth will be found and police will submit its report to the magistrate . you have nothing to worry if it is a bogus complaint
RAJESH CHOPRA
(Querist) 30 November 2012
sir,
what if in a scenario where the police justifies the complaint and case gets registered. Can then, at any stage a compromise /or a mutual consent to drop complaint / charges be done.
Thanks
RAJESH CHOPRA
(Querist) 30 November 2012
sir,
what if in a scenario where the police justifies the complaint and case gets registered. Can then, at any stage a compromise /or a mutual consent to drop complaint / charges be done.
Thanks
ajay sethi
(Expert) 30 November 2012
Once a criminal complaint is registered, in the case of non - compoundable offences, it cannot be withdrawn, even if a compromise is reached between the parties, as serious criminal offences are crimes against society and, not, merely, against individuals
ajay sethi
(Expert) 30 November 2012
In Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrajirao Angre JT 1988 (1) SC 279,
it was explained by the Supreme Court that it was for the High Court while exercising its power under Section 482 CrPC to consider whether it was expedient and in the interests of justice to permit the prosecution to continue. One of the factors mentioned by the Supreme Court is whether, in the opinion of the court, chances of an ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue. Applying this decision to the facts on hand it requires to be acknowledged that for proving forgery, the prosecution does not have to rely only upon the evidence of the complainant; it can be proved even by the report of the CFSL. This is not therefore a case where the chances of ultimate conviction are rendered bleak on account of the complainant having settled the matter with the
accused. This court cannot be unmindful of the fact that in criminal cases there are only two parties, viz., the accused and the State. When one of the parties i.e. State is not agreeable to the quashing of the proceedings, and the evidence that has been gathered supports the continuation of the trial for the offences of forgery and use of forged documents under Sections 468 and 471 IPC respectively, it would not be appropriate for this Court to exercise its jurisdiction under Section 482 CrPC to quash the criminal proceedings only on the ground that the accused and the complainant have settled their disputes. While each case has been to be examined for its peculiar
facts, the larger interests of justice and the rule of law will also have to be borne in mind. The offence of forgery is not merely against the party who is misled as a result of the use of such forged document but against the State as such. For the aforementioned reasons, this Court finds merit in the objection raised by learned APP for the State to the quashing of the criminal proceedings in this case. Accordingly, the petition stands dismissed and the pending application stands disposed of.
Devajyoti Barman
(Expert) 30 November 2012
The criminal case can not be withdrawn.
However during trial the de facto complainant out of compromise can retract from his allegations and thus may lead to acquittal.
Another quick remedy is to go for mutual quashing.
Raj Kumar Makkad
(Expert) 30 November 2012
In your case, the FIR has been lodged. Now it has to be seen whether the compoundable or not. If those are compoundable then the desired action can be initiated after framing of charge otherwise the witnesses have to become hostile during their evidence and thus the mutual compromise can be given effect to.
Sushil Sharma
(Expert) 30 November 2012
Makkad Sir is right by saying "In your case, the FIR has been lodged. Now it has to be seen whether the compoundable or not. If those are compoundable then the desired action can be initiated after framing of charge otherwise the witnesses have to become hostile during their evidence and thus the mutual compromise can be given effect to."
