Compromise in sec. 295 of indian penal code
Tushar Shashikant More
(Querist) 16 July 2014
This query is : Resolved
Respected Members, I request for your kind help regarding a query. I am on the side of the Respondents who are charged U/s. 295 r/w Sec. 34 of Indian Penal Code. All accused are out on Bail.
Now, the case is for hearing. The Complainant & Panchas are being called for their statement recording & testify them as witness. This will be very first instance of recording statements in this case.
Now, here aroused a situation. The Complainant is ready & agreed to withdraw his complaint. But, he is in equal dilemma whether this will put him liable for contempt.
My request to all the Respected Members & Experts,
PLEASE TELL ME WHETHER CASE REGISTERED U/S. 295 CAN BE COMPROMISED OR IS THERE ANY OTHER WAY TO PUT AN END TO THIS CONTEST AS A WHOLE. WHETHER THE COMPLAINANT CAN WITHDRAW HIS COMPLAINT? IF YES, WHAT ARE THE POINTS TO BE KEPT IN MIND FOR DOING SO?
Devajyoti Barman
(Expert) 16 July 2014
It is a non compounding offence. So compromise is possible but not withdrawal of case.
Mutual quashing is an option for which no contempt is committed.
Tushar Shashikant More
(Querist) 17 July 2014
Dear Sir,
Is it also possible that prosecution can withdraw the case? Whether it is covered in Sec. 321 CRPC?
The Complainant & the witnesses are from the same village & basically belong to the same area & gully too. As per their mutual understanding & locals peoples , they want to end this asap.
Is the absence of the complainant or witnesses is a way to this?
Tushar Shashikant More
(Querist) 17 July 2014
Dear Sir,
Is it also possible that prosecution can withdraw the case? Whether it is covered in Sec. 321 CRPC?
The Complainant & the witnesses are from the same village & basically belong to the same area & gully too. As per their mutual understanding & locals peoples , they want to end this asap.
Is the absence of the complainant or witnesses is a way to this?
