Compromise fir quashing u/s 482 high court
mahesh basu
(Querist) 03 May 2014
This query is : Resolved
Hi friends,
A FIR was registered U/S 420 , 467, 468, 471, 120 B against 15 persons. Now complainant has compromised the matter with 5 persons but not with rest of the persons.
Today petition under 482 was filed in HC for quashing FIR on the basis of compromise.
Now i have few questions to ask.
1. All the accused have been named as respondents alongwith complainant with 1 accused which is a company being the petitioner.
So does this states that this is compromise with all accused ? Because if this was a partial compromise why would the accused with whom compromise is not made be made respondents ? Am i correct in my logic?
2. Its written in the petition that all the accused are arrayed as party in the present petition. It is also written that none of the accused is Proclaimed Offender.
Does this line means that this is full compromise and the complainant can't now speak against the accused with whom he had not yet compromised ? Or does this line states that compromise is done with all the accused ?
Please help me friends. This is really important for me.
Dr J C Vashista
(Expert) 04 May 2014
The subect FIR has to be quashed against all the accused.
mahesh basu
(Querist) 04 May 2014
Thanks Dr. Vashista for your timely reply.
So this petition means that matter has been compromised with all the parties.
ajay sethi
(Expert) 04 May 2014
it is necessary to go through petition filed for quashing to advice
mahesh basu
(Querist) 04 May 2014
Thank you Mr. Ajay.
But i am trying to get some legal sense of wordings here that why would all accused be made respondents if at all there was no compromise with them as well?
Secondly why is it written that all accused have been made party in this petition?
Do one still need to look at petition and above wordings doesn't give any clue with regards the settlement?
Experts opinion will be waited for here.
Thank you.
Rajendra K Goyal
(Expert) 04 May 2014
Petition need to be seen, consult local lawyer.
Raj Kumar Makkad
(Expert) 04 May 2014
It shall be wise if you take second opinion of a local lawyer over your petition as none of us is able to opine exactly without going through your petition.
T. Kalaiselvan, Advocate
(Expert) 06 May 2014
I go with the views expressed by Mr.Makkad and Mr. Sethi on the issue, the petition is to be seen for forming a proper opinion about it.
