Ipc 326 and 324
bhupender
(Querist) 01 January 2013
This query is : Resolved
sir,in one case fIR is lodged in police station under section IPC 326 and 324,accused get bail and now case start in court,my questions are as follows
(1).as now case start in court,but complaining person don't want to do any action against accused,can he do it?
(2).can complaining person withdraw his case ?
(3).if complaining person wants to withdraw his case,which procedure he has to follow?
(4).also complaining person wants to compromise and wants to finish his case,which things complaining and accused person to finish the case??
please provide answer to these questions sir
ajay sethi
(Expert) 01 January 2013
]or compounding of the offence punishable under the Indian Penal Code, a complete scheme has been provided under Section 320 of the Code of Criminal Procedure, 1973. Sub-section (1) of Section 320 provides that the offences mentioned in the table provided thereunder can be compounded by the persons mentioned in Column No.3 of the said table. Further, sub-section (2) provides that, the offences mentioned in the table could be compounded by the victim with the permission of the Court. Sub-section (9) specifically provides that "no offence shall be compounded except as provided by this Section." In view of the aforesaid legislative mandate, only the offences which are covered by table 1 or 2 as stated above can be compounded and the rest of the offences punishable under Indian Penal Code could not be compounded
offences which are not compoundable under Section 320 of the Code of Criminal Procedure cannot be allowed to be compounded, even if there is any settlement between the complainant and the accused
if compromise has been arrived at move high court under 482 and rely upon compromise arrived at between the parties
bhupender
(Querist) 02 January 2013
sir,please reply by giving more explanation regarding this case,is there any chance of compromise between these two parties,currently case is in city court,how it can be possible and how much time it will take for this case for compromise
c n vittal rao
(Expert) 02 January 2013
A compromise is not permissable in this case .It has to take its own course.your case must be decided and in the appeal he can claim mitigating circumstances if he is convicted and you testify to the same in your trial court.
Raj Kumar Makkad
(Expert) 02 January 2013
1. Compromise say compounding is possible in the given case as section 324 & 326 both are compoundable.
2. He shall have to make his statement before the court in this regard as per guidelines of defence counsel.
3. As advised above.
4. Forget enmity and do as advised and this is the only finishing.
R.K Nanda
(Expert) 02 January 2013
no more to add.
bhupender
(Querist) 03 January 2013
sir for compromise,how many days/months will be there in this case,means this case with compromise will finish as complaining person wants to finish this case as fast as possible...so please reply sir
Raj Kumar Makkad
(Expert) 03 January 2013
After submission of challan, the next date shall be for the charge and thereafter on the very first date, this can be done. If a request is made to the court, this can be materialized within a period of 1 month from the date of framing charge.
bhupender
(Querist) 03 January 2013
sir,after date of charge announced in court, in next date court will call to complaining person,on that date what complaining person will do for compromiseing and finishing the case?also after compromise is there any punishment will be given to the accussed person by court?
Ravikant Soni
(Expert) 03 January 2013
Both the sections are not compoundable. So It is not possible to dispose the case thru compromising.
Raj Kumar Makkad
(Expert) 03 January 2013
The complainant shall make his statement as per your lawyer's dictation and all other material witnesses shall also do the same and no punishment shall be awarded to you accused person as those witnesses shall become hostile.
bhupender
(Querist) 06 January 2013
sir,by lawyer advice this case will finish in 1-2 month now ,is it possible?and for how many times complaining persson has to come in court?
Raj Kumar Makkad
(Expert) 06 January 2013
The opinion o fyour lawyer is accurate and complaint need to come to the court only on the day when his statement is to be recorded means only a single day.
