Qwashing of fir
swaraj
(Querist) 05 September 2011
This query is : Resolved
respected sir my bhabi filed a false dowry case on my father and brother,and police registered am fir,now the matter is on district court and my father is on interm bail and my brother is in australia
now today the megistrate called both families and tell both families for compromise and both families agree to compromise and my bhabi tell the megistrate that she is willing to live with husband.
the megistrate agree and told both families to join and give my father permanent bail.
my qwestion is that what is the next procedure to qwash f.i.r
thanks and regards
swarajdeep singh
Chanchal Nag Chowdhury
(Expert) 05 September 2011
What about withdrawing/dropping of the case?
What did the magistrate say to that?
ashok kumar singh
(Expert) 05 September 2011
what was the final order, in a case your matter closed on compromise by the magistrate, then there is no further requirement for quashing of the proceedings.
thanks.
Raj Kumar Makkad
(Expert) 05 September 2011
As per querist matter has not been finalized but a sense of compromise hs arrived and it is now to be executed and he has asked its procedure.
In Criminal case, the witnesses have to be hostiled in their evidence while in all other matters, mere statements on a single hearing are sufficient to withdraw as a consequence of compromise. Even comprmise deed can also be framed and both sides can sign it and all those pending between the parties can be got ended on that bases. The presence of your brother is required for that purpose.
prabhakar singh
(Expert) 05 September 2011
experts right in there further prob of facts.
Advocate. Arunagiri
(Expert) 05 September 2011
If the compromise is arrived, what is the need for quashing the case. The magistrate will record the compromise and will close the case either by discharging them or acquitting them.
When the case is closed, no need for permanent bail.
girish shringi
(Expert) 09 September 2011
I will go with Mr. Arunagiri.
Arun Kumar Bhagat
(Expert) 11 September 2011
Magistrate can not act on the basis of compromise deed and can not discharge the accused persons as the case is under non-compoundable section. There are two ways; 1)The parties may file an application u/s482 Cr.P.C before the Hon'ble High Court for quashing.
2) The accused persons shall proceed with the trial and during evidence, the prosecution witnesses shall depose that they have compromised the matter and as such they do not want to give evidence. The magistrate shall then pass a contested judgement for lack of evidence and acquit the accused persons giving benefit of doubt.
