How to compromise the matter when a case regd 307/354 ipc in session court with mutual consent
sweety f
(Querist) 28 July 2013
This query is : Resolved
BOTH THE RESPONDENTS AND THE PETITION HAVE GREED TO COMPROMISE THE MATTER IN A CASE REGD U/S 307/354 OF IPC. WHAT IS THE PROCEDURE FOR DISPOSING THE MATTER IN A SESSION COURT. CHARGES ARE YET TO BE FRAMED. THE LEAD COMPLAINANT N 3 MAIN WITNESSES R CLOSE RELATIVES OF THE COMPLAINANT.[SON, DAUGHTER N SISTER. CASE WAS REGD IN AUG 2011. CHARGESHEET FILED IN DECEMBER 2011 IN TRIAL COURT. CASE COMMITTED IN SESSION COURT IN OCTOBER 2012. CHARGES ARE NOT FRAMED. SHOULD BOTH PARTIES APPOINT TWO DIFFERENT LAWYERS AND FILED AN APPLICATION FOR COMPROMISE. SINCE THE WITNESSES HAVE DECIDED NOT TO DEPOSE AGAINST THE COMPLAINANT. THE DAUGHTER WHO IS THE MAIN WITNESS IS GETTING MARRIED SHORTLY. THE COMPLAINANT IS UNWELL, HER MOTHER IN LAW IS SUFFERING FROM CANCER, HER FATHER FELL DOWN FROM A COCONUT TEE AND IS BED RIDDEN WITH BROKEN CAGE BONES AND SPINAL CHORD. PLS ADVICE WHICH IS THE BEST OPTION. WE DO NOT WISH TO GO TO HIGH COURT DUE TO FINANCIAL BURDERN. RGDS BABU
Devajyoti Barman
(Expert) 28 July 2013
You have to go to high court for mutual quashing.
Another option is to make statement in the trial in respect of compromise and get the accused person acquitted.
Rajendra K Goyal
(Expert) 28 July 2013
Well advised by the expert Devajyoti Barman ji. You can adopt any of the path suggested.
Raj Kumar Makkad
(Expert) 29 July 2013
Such cases cannot be compounded and thus no permission can be given either by Sessions court or by High Court rather the witnesses have to become hostile while deposing their evidence.
