Company filed a criminal case twowards employee

The problem with Criminal cases is that once the case is registered and FIR is issued, such a case becomes People of India versus the accused person. Both complainant and the accused stand equal in Criminal Court. Both the parties can attempt mutual consent withdrawing the criminal charges, duly quoting the settlement already permitted in Civil Court.

Criminal case means FIR has been registered ? If so, get it quashed through the lawyer engaged / paid by you.

I do stand with experts

You may file a petition under section 482 cr.p.c. before high court to quash the charge sheet for the reasons you rely upon with the supporting documents to strengthen your pleadings in the quash petition including the pleadings about the compromise settlement of the similar case in civil court  otherwise you can challenge the same in trial court relying upon the evidences in your support.

Thank you very much for your response

Belowis settlement draft below are my questions:

1)Points discussed in selttelment agreement is sufficient quash criminal case....? Please let any more points needed.

2) Or we need move this to lok Adalat settel there and and than file petition in highcourt for quash.

3) why need to pay the settlement amount  first and than go for joint memo, instead I can submit check in front of the court and go for joint momo ... Or any other options.. please suggest

The said terms and Conditions are as follows

1. A full and final settlement of Rs.xxxxxx/- will be payed by our clients in favour of xxxx Company Located in xxxx 

2. Once the said amount is credited, both the parties will file a joint memo in that regard before the Commercial Court and close the present suit.

3. Similarly in the criminal case pending as against our clients, both the parties will approach the Hon’ble High Court  by filing a petition under Section 482 of Crpc thereby seeking Quashing of the said FIR and Chargesheet.

4. A ‘No due Certificate’ to be issued by the xxx Company relieving both of our clients from any future obligations with respect to the said matter.

5. A ‘No objection’ memo to be issued by the xxxx Company before the Hon’ble Magistrate Court for defreezing the Accounts held by Mr. Xxx Mr.

The settlement itself provide for approaching the High Court under the provisions of Section 482 CrPC. As such, any suggestion would be superfluous.

Thank you.... Just want make sure it is correct way