IPC 420
Querist :
Anonymous
(Querist) 07 February 2011
This query is : Resolved
Dear Sir,
My close relative was booked for IPc 420 & 406 in October 2009. Charges were framed in
December 2010. I think next stage is Evidence and next date for hearing is in May this year. I have three queries.
1. Should we appeal to Session Court against the charges before the next date or we wait till a few evidence taken place in trial court
2. We have settlement in back of our mind. Can this be done at this stage or is there something that once the case is gone in evidence the settlement cant be done.
3. Can we request Court to settle the matter.
Please reply
Ganesh Chavan
(Expert) 07 February 2011
Yes, you can request the Court. Parties amicably settled the dispute and compromised the matter -if it includes- cheating, fraud, defamation, criminal assault and minor theft. Serious offences like murder or rape do not fall in this category.Section 320 of the Criminal Procedure Code allows certain criminal offences to be compounded, or settled, if the complainant and the accused settle the case mutually.
Advocate. Arunagiri
(Expert) 07 February 2011
When you compromise with the complainant, the case can be withdrawn by the complainant.
SAANJAAY GUPTAA
(Expert) 07 February 2011
yes you can file mutual divorce petition for amicable settlement between the parties but complainant have to present personally for withdrawing the case on oath.
Ajay Bansal
(Expert) 08 February 2011
Against charge you may file a revision,not appeal, in Sessions Court.As far as compromise is concerned,same can be done u/s 320 Cr.P.C.
NOTTAM VENKATASAMY
(Expert) 09 February 2011
YOU CAN APPROACH THE SAID COURT WITH YOUR ADVOCATE AND FILE A COMPOUNDABLE PETITION AND WITH THE PERMISSION OF COURT YOU SETTLED THE DISPUTE AND RELEASE FROM THE CASE THROUGH THE COURT.