Record compromise before process is issued to accused
Divya
(Querist) 20 August 2016
This query is : Resolved
Respected experts
A criminal complaint is filed u/s 420, 418 and 406 of ipc with magistrate. Investigation is ordered under 156(3). This is for a money recovery matter whr d complainant had also invoked arbitration.
Civil litigation of arbitration already withdrawn by Claimant of arbitration as mou was signed to withdraw all cases on certain conditions..
Now the complainant and arrayed accused have to close the criminal matter.
The process is not yet issued by the court, though police enquiries have happened..
How is the compromise to be recorded before criminal court.. Is this a mere withdrawal of complaint by turning hostile or a joint compromise has to be recorded before the court.. Or both
Please throw light herein as its a noncompunding offence.
Thankyou
Raj Kumar Makkad
(Expert) 20 August 2016
You have not mentioned whether FIR has been registered on the basis of enquiry under section 156 (3) Criminal Procedure Code or not. If has been registered then the procedure is to get the FIR quashed on the basis of compromise and if has not been registered then the complainant without involving the accused, can himself withdraw the complaint either in the concerned police station or in the court itself by moving his application to that effect supported with his duly sworn affidavit.
Rajendra K Goyal
(Expert) 20 August 2016
Agree with the expert raj kumar makkad.
adv.bharat @ PUNE
(Expert) 20 August 2016
Author need to explain the query raised by expert.
Raj Kumar Makkad
(Expert) 21 August 2016
Expert Bharat! Kindly explain your reply.
