Need a settlement
Adnan
(Querist) 27 September 2015
This query is : Resolved
Me and my friends were booked under section 353,332 and 34 of Ipc.
We had a heated argument with a bus driver eventually leading to the assault in bus depot. Even though it was the driver who started the assault we were the one who were arrested on spot ( bail granted) . It happened in july 2012. Even though we haven't started the criminal proceedings yet. We're looking for a settlement where the driver is ready to settle but here in mumbai after meeting with multiple lawyers we got multiple advice but nothing concrete some say out of court settlement, aur settlement through lok adalat is possible and some say it isn't. We're really in need for a solution to this Asap. Please revert with the best possible solution our career is at stake. Thanks,
REGARDS.
P. Venu
(Expert) 28 September 2015
Sections 353 and 332 are non-compoundable. Hence the settlement could be allowed by the High Court u/s 482 CrPC.
However, there is another practice that is prevalent - after effecting the settlement the defacto complainant can turn hostile his deposition. However, this is an abuse of law than a legal procedure.
Adnan
(Querist) 30 September 2015
Thanks for the revert.
But since it's non-compundable then how can it be settled under 482crpc?. And how much time will it take to clear the case after turning the complainant hostile? Can it be done in the first hearing itself?
T. Kalaiselvan, Advocate
(Expert) 03 October 2015
A petition under section 482 before high court to quash the FIR will be heard by sending notices to the defacto complainant too, he may depose before high court that the matter has been settled out of court and is not pressing his complaint, the high court may quash the fir (since the matter has not reached the trial court for trial), or if the trial has commenced then the hostile procedure may be followed in the trial court itself.
