Fir

Querist : Anonymous (Querist) 20 December 2011 This query is : Resolved
if a person file an FIR and the accused got arrested however in d police station he realised his mistake and want settlement with the complainant..

he was arrested for d charge of IPC 375 420

NOW if complianant agrees for the settlement and if she want to withdraw the FIR..then can she do that at this stage when person got arrested already?

if she want to take the complain back what is the procedure in the police station..

can the police release that person immediatally or will keep him in d custody for some time..

kindly reply

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Shonee Kapoor (Expert) 20 December 2011
No police can not release the person, only during bail, the statement of the de facto complainant be recorded and then court can enlarge person on bail.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 21 December 2011
ok..but there are some case that i heard where in police station they encourage settlement and if the complainant agrees for the settlement they tell the complainant to take the FIR BACK by writing the letter there and release the accused..

is it true ?

what would be the time frame accused has to be in jail..is it true tht they need to present the accused to the court within 24 hours after the arrest...

other question is can a brother file a case against his brother saying he has not showed the actual property of the parents..since he is an NRI..and.HE IS NOT AWARE AND do not have any proof of actual property..?

Devajyoti Barman (Expert) 21 December 2011
Yes it is true but it requires some manipulation of law by the Police officials.
The Police can release a person if he is charged with bailable offence.

Yes this is true.
File civil suit for partition.

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