Sections-420.467,468,471 & 34
mohammad wasim hayat
(Querist) 20 August 2013
This query is : Resolved
Respected Sir,
I want to ask that in a property deal i have signed as a witness and later i came to know that the deal was fraud and the documents were forged by the property dealers or by the seller. A case was registered under IPC SECTIONS-420,467,468,471 & IPC 34.
As an evidence police is having only the photocopies of the forged documents & fake voter ID CARD of the seller . I too was arrested and sent to jail by the police . Later the accused[seller & property dealers] payed whole amount back to the buyer[complainant] & they compromised . Like buyer[complainant] gave rs.17 lacs as the BAYANA against the said property to the accused[seller & property dealers] but after one month in jail,the property dealers returned the whole BAYANA to the buyer & on this basis we got the bail. The buyer then signed an affidavit that he has compromised & he has got his money back & he don't have any objections if the bails are being granted to us .He also said that he dont want to fight the case further & complainant do not want any further legal actions.
Respected sir, my queries are :-
1.What will happen further in this case.
2.Is there any possibillity that i could be senteced for jail.
3.Can this case be quashed as the complainant do not want any further legal actions.
Please guide me Sir as my studies & preparations are very badly suffering .
Devajyoti Barman
(Expert) 20 August 2013
Since he has stated not to prosecute with the case, you are not going to be convicted.
Now the case can be ended only if the complainant during trial repeats such statement in his evidence or both of you go to high court for mutual quashing.
ashok kumar singh
(Expert) 20 August 2013
in the event as you stated, if the Police file FRT on completion of investigation, then only, the case closed, otherwise in the event police file Charge Sheet against you, and others then the case will be before the Learned Magistrate for trial, and you should face the trial, and therefore the trial will decide your fate in the said case matter.
however, wait for some time to see that whether police file FRT and or Charge Sheet in the case matter to decide primarily as the case should be closed or to be proceeded further for trial.
though, you should learn apart the case matter, as not to put your signature being witnesses, blindly on any documents, which are not under your proper knowledge.
at the present stage of the case matter as described by you, this will be not suffice your purpose, if you move an application before the Hon'ble High Court, under it's Criminal Misc. jurisdiction as to under Section 482 of the Code of Criminal Procedure' 1973, for quashing of the proceeding of the case matter, and / or FIR, etc. this is not appropriate hours for that.
Thanking you.................
