In 467 case, if the one complainter take his complaint back against the applicant then what the next?
kavita (.) 02 December 2009
In 467 case, if the one complainter take his complaint back against the applicant then what the next?
santosh (Advocate) 02 December 2009
You are not clarifying the exact position. Whether the complaint is filed under IPC or any other Act. Please provide details to get proper reply.
S.B.adil rahman (Legal Consultant ) 06 December 2009
Kavita, Law juris Mumbai is correct provide is a case under I.P.C. However you can twist this case as a case of Mistake of Fact with the help of the Investigating Agency to close down the matter.
sibasish pattanayak (lawyer) 26 December 2009
kavita, when the offence u/s 467 IPC has allready been commited by someone, subsequently if the defacto complainant file an application b4 the court that he/she is not interested to proceed with the case, in that event the trial is not bound to close the case, the court can proceed with, as the offence has allready been committed.....that is non-compoundable.pl see smt dhara vs cbi .
sibasish pattanayak,advocate calcutta.
MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 27 December 2009
kavitha madam,
Offence under section 467 IPC can be quashed, if the matter is copromised between parties.
Supreme court of india has allowed to do so.
sibasish pattanayak (lawyer) 21 February 2010
sir,
thanks for your comments on u/s 467 ipc case settlement issue, if u please provide the appex court citation
in this regards so that it will be very help full to me.
regards
sibasish pattanayak
advocate.
cell no. 09477090999
09433074402
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