Is quashing for the case u/s 325/34 possible
Amandeep singh
(Querist) 07 June 2014
This query is : Resolved
hi experts,
i just want to know that i have a case against me and my friends under section 325/34, and if we do out of court settlement with the victim after the case has been registered, is there any way that we can get rid of following court proceedings???
Devajyoti Barman
(Expert) 07 June 2014
Yes, if the case is compromised out of court then go for mutual quashing in high court.
Amandeep singh
(Querist) 07 June 2014
Thanx devajyoti burman ji....
One of my lawyer friend told me that even if the victim withdraw from the case, in that case state comes forward against accused (i.e. me)
Amandeep singh
(Querist) 07 June 2014
And if at all possible....please let me know the procedure and time taken to get it quashed
Devajyoti Barman
(Expert) 07 June 2014
Engage an advocate. he would do the needful. The time is what it takes for one or two hearing.
ajay sethi
(Expert) 07 June 2014
agree with Mr barman
Rajendra K Goyal
(Expert) 07 June 2014
Well advised, agree with the expert Devajyoti Barman ji.
Raj Kumar Makkad
(Expert) 08 June 2014
If you have not bee got arrested, the police can also record the compromise in its investigation and can submit its report accordingly before the trial magistrate and can seek cancellation of the report.
Amandeep singh
(Querist) 08 June 2014
@raj kumar makkad ji.....I ve been arrested earlier n bailed out for same
Raj Kumar Makkad
(Expert) 09 June 2014
As you are already bailed out so better to wait for the challan and then wait for the hostile statement of the complainant.
T. Kalaiselvan, Advocate
(Expert) 12 June 2014
As advised by experts you may wait for the case to come before the court for trial, then the defacto complainant may turn hostile witness which will help in acquitting the case.