Out Of Court Settlement
Sadashivam
(Querist) 20 May 2010
This query is : Resolved
I have a Criminal case pending on my name in thane kalyan court cheating case of about 75000 rs when police caught me they recovered 25000 rs and my bike and they also ceased my bank account which had 100000 rs they handovered money they recoveerd to court and they changed me with 420 and 434 case. now i am willing to settle the case out of court and get out of this problem please help and guide me to correct procedure.
G. ARAVINTHAN
(Expert) 20 May 2010
Have you any proof for those recovered amount and things?
Raj Kumar Makkad
(Expert) 20 May 2010
In every settlement, first of all out of court negotiation takes place and thereafter its way is find out.
Here in the present matter, if a compromise has taken place then get it executed by getting changed the statements of witnesses like complainant and supporting witness.
PALNITKAR V.V.
(Expert) 20 May 2010
if you have arrived at a settlement with the person cheated by you, then only it is possible to do something in the matter. Offence of cheating is compoundable. If settlement is already done, then you have to submit a compromise purshis in the court signed by the aggrieved party. The Magistrate will verify it and pass necessary orders. But if any of the offences is not compoundable, then the trial regarding such non compoundable offences shall proceed.
Ashok Yadav
(Expert) 20 May 2010
in your case sec. 420 is compondable and 434 is non compoundable, so you cant enter in out of court settlement. You should try to hostile the witnesses with help of complainant.
Uma parameswaran
(Expert) 20 May 2010
Very informative answer from Palnitkar Sir.
Surrender K Singal
(Expert) 20 May 2010
Complainant / Victim has to be hostile, being the first prime prosecution witness, after he withdraws his complaint that may let the court compound charge u/s 420 and then the new Act could be made use of, if the Court accepts to invoke such provisions in the interest of disposal of matter in his court ?
