Rahul G (Professional ) 08 October 2016

Closure of case where two respondents are not available

Dear All, Greetings. I need your advice on the matter in which there are five respondents and out of two are staying abroad for work. The court case is in mutual compromise mode, please advice on how we can close the court case.

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15 Replies

Sachin (N.A) 08 October 2016

It is the complainant / petitioner who needs to widraw the complaint/case, no need of respondent.

Rahul G (Professional ) 08 October 2016

Both the party's are agreed to close the case. But local lawyer is saying all respondents to be present in front of court as framing of charge and plea does not signed by all respondents. Need to understand this.

Sachin (N.A) 08 October 2016

In which section the case is pending?

Rahul G (Professional ) 08 October 2016

Mainly under section 498a

Sachin (N.A) 08 October 2016

Presence of accused is not mandatory at the time of quashing of FIR.

Get a settelment deed singned by the complainant and the lawyer of accused will get the FIR quashed from the HC.

Rahul G (Professional ) 08 October 2016

Thanks for reply. chargesheet is already filed in court approx. 3 yrs back. court case is in evidence stage. Now we (both party) have agreed to close the case with mutual consent and appropriate 'say' is submitted in other HMA case which is resolved. Now this 498a case is pending to close and in 498a case, framing of charge is being done in front of court. So to close the 498a case, local lawyer is saying that all the respodents needs to be present (two of them are in abroad for work) because all the respodents needs to sign the plea. So please advice that in which provision of law we can close the 498a case in the absense of two respondents who are abroad now.

Sachin (N.A) 08 October 2016

Sec 482 crpc

Rahul G (Professional ) 08 October 2016

The court case is under district session court

Sachin (N.A) 08 October 2016

Only HC can quash FIR,

Rahul G (Professional ) 15 October 2016

how we can close the case in session court under these circumstances

Sachin (N.A) 15 October 2016

Only HC can quash the case u/s 482 CrPC not session court.

Rahul G (Professional ) 15 October 2016

Ok. what are the proceddings in session court as in my case.

Sachin (N.A) 15 October 2016

Originally posted by : Rahul G
	Ok. what are the proceddings in session court as in my case.

means ???????

Rahul G (Professional ) 15 October 2016

I mean as per local lawyer, we need all respodents to be present for statements along with witnesses statements to close the case in session court. will it be the same or different??