Regarding compromise in 307 and 395
Mahesha k s
(Querist) 04 May 2017
This query is : Resolved
Sir/madum
Im MAHESH from karnataka,mysuru.
My friend has filed a case against 2 persons regarding an assault. The stage of case is FIR has done,accuseds got bailed after 1 month in session court and chargesheet yet to be submit to the court. In this case the accuseds are from government employees so they are worried about their JOB and they are convincing my friend to get compromised. Evidence has been collected,
Spot mahajar has done witness statements have been taken and woond certificate is issued as GRIVEOUS in nature.
Here if we are going to get compromise what would be the process and is it compromiseable now. And where it has to be done.
Guest
(Expert) 05 May 2017
Offences punishable u/s 307 and 395 are considered to be serious offences which are against the society. Also, these offences are non-compoundable, that is, you cannot settle these offences among yourself. Reference can be made in this regard to the case of Gian Singh vs State of Punjab (2012) 10 SCC 303.
One remedy for compromise is to approach the High Court for quashing by consent. But the High Courts are reluctant to quash proceedings for such offences.
Another option is that the accused can move to the High Court themselves for the quashing of the FIR, but they will have to argue on the merits of the case.
Or else, they will have to face trial.
Rajendra K Goyal
(Expert) 05 May 2017
Offenses are non compoundable, can not be compromised.
Discuss with some senior lawyer practicing in such matter.
Kumar Doab
(Expert) 05 May 2017
Agreeing with experts, the service rules of govt employees may also be pursued.
Your own counsels specializing in criminal, service matters can opine on acquittal on merits.
Kumar Doab
(Expert) 05 May 2017
I am sharing some inputs with you.
Discus in person with your own counsels and carry your service rules, conduct and discipline rules with you and all other docs on record pertaining to the case.
Ms.Usha Kapoor
(Expert) 06 May 2017
Agree with Adv expert Adwait Bhonde.
Dr J C Vashista
(Expert) 06 May 2017
Well advised by expert Mr. Adwait Bonde, I appreciate and agree.
However, why did you seek second opinion/ advise of experts on this platform when your friend has already engaged an able lawyer contesting his case properly?
Kumar Doab
(Expert) 06 May 2017
Although you have not posted that a counsel is engaged you/your friend may take up with a very able local counsel, at your location.
"Sir/madum
Im MAHESH from karnataka,mysuru.
My friend has filed a case against 2 persons regarding an assault. The stage of case is FIR has done,accuseds got bailed after 1 month in session court and chargesheet yet to be submit to the court. In this case the accuseds are from government employees so they are worried about their JOB and they are convincing my friend to get compromised. Evidence has been collected,
Spot mahajar has done witness statements have been taken and woond certificate is issued as GRIVEOUS in nature.
Here if we are going to get compromise what would be the process and is it compromiseable now. And where it has to be done. "
