Legal validity of compromise/settlement/razinama entered PS
Aashish George
(Querist) 20 July 2017
This query is : Open
What is the legal validity of a compromise/settlement/razinama reached by the parties in the police station? Is it binding on the parties? Can the court refuse cognizance on the basis of such compromise?
Situation : a drunk gets beaten up by his neighbor, intially the mlc does not disclose any serious injuries, the drunk who's bac is at .800% is asked to sign a "razinama" he does so, on the next day he feels pain in his eyes, he thinks it's just swelling and does not go the doctor, eventually one of his eyes starts to loose sight, he goes to a doctor and he then undergoes immediate surgery, the drunk files a case in court, the police file atr stating he was drunk, intial mlc does not disclose his injury and he has already settled, can the court deny cognizance on the basis of that razinama? Does the police have the power to "settle" such case? If so, under what provision of law? What is evidentary value of such a compromise? Any citations in this regard? Kindly share your knowledge, it will help me immensely. Thank you.
Guest
(Expert) 20 July 2017
You will have to see which offence is made out. If the offence that is made out is a non-compoundable one then such comrpomise dos not have any binding force on the court. As per the facts that you have elucidated above it appears to me that the offence that is made out is a cognizable and a non-compoundable one. Therefore, there cannot be any compounding outside the court.
A case which is earlier registered as 307 can subsequently become a 302 case. Accordingly, 323 and latter become 324 or 326 or even 307. Although it depends on the facts and circumstances of each case. Therefore, looking at the subsequent consequence it appears it is not a case which can be compounded.
Hope that solves your query.
Advocate Suneel Moudgil
(Expert) 20 July 2017
i do agree with Adv Adwait Bhonde,
a lot depends on the wordings of RAJINAMA, if drunk's beatings are not disputed or mentioned in RAZINAMA, his case seems strong albeit depends on facts/merits of case
Rajendra K Goyal
(Expert) 20 July 2017
All depend on the facts of the case.
Court may not accept razinama in all cases.
Kumar Doab
(Expert) 20 July 2017
Mr. Adwait Bhonde has illustrated.
Like Mr. Suneel Moudgil I also agree.....
Surrender K Singal
(Expert) 21 July 2017
Courts do not go by mood of the complainant / accused....
