Raj 20 September 2016

Please help - how can i close a court case

Dear Respected Advocates/Lawyers and members of this forum,

I am writing with a hope that I can get some good advice here regarding my problem.

This is a matter of early 2013, I used to work as a Junior associate on adhoc contract basis in a Government organisation in Delhi. At my work place I was harrased day in day out by my head of department and was threated to not be given any experience letter, I was always disregarded for the work I was doing, most of my colleagues and seniors were aware of this issue and one fine day it went totally out of control and I couldn't take the insult anymore. I wanted to take some action about this person as I was not the only one having this problem, I discussed with my seniors and colleagues and was advised to file a complain against this head of the department, therefore I resigned from the organisation which was not accepted and went ahead to file a complain in the nearest police station. Police took my complain and said will do the needful. As I had left the job, I had changed my city as well and after a few months I went abroad for higher studies, now after more than 3 years I have got a summon at my parents address asking me to be present in the magistrates court in Delhi regarding this case.

The query I have for all you esteemed members of this forum is - as its been more than 3 years and I have moved on in my life and no more in the same city and Infact living outside the country. How do I proced to close this case. I have not been able to forgive that person for his extreme bad behaviour and insult he did to me but as I am phyically not present to persue it and I would like the court to decide and close this matter.

Practically and most suitably I wanted police to make him understand about this and give him a warning to ensure he refrains from behaving extremly rude and his unbareably bad behaviour but as I learnt later, police have forwarded this case to the local magistrate's court by charging 506 on him.

IPC 506 is mentioned in the summon that I have got against this person.

Please can you suggest how should I go about closing it as I am not able to be phyically present to tell the court about it and if he is sorry for his behaviour and agrees to behave humanly, I don't have any issues in getting this case closed against him.

Please advise.

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6 Replies

anil 20 September 2016

in a roff language :: jab case ladna nahi tha to mazey le ney k leye court gaya tha.

now appoint a lawyer and fight it

506 of IPC are compoundable offences with the permission of the Court as provided under the scheme of Section 320 Cr.P.C.
The only thing which requires consideration is whether the applicant and the complainant should be permitted to compound the offences punishable under Section 506 of IPC or not

P. Venu (Advocate) 20 September 2016

The Magistrate has issued summons as you are the prime witness in the matter. If you do not appear in the Court, a warrant could be issued, but may not be served upon you as you are abroad. Your absence as witness would ultimately result in the accused being discharged.

Having given the complaint and the Police having done their part it is your call to cooperate with them.

muralidara R naidu (advocate) 20 September 2016

Dear Raj

if u have plan to visist india, please co-operate with the police and appaer before the court and compound the case.

Court may issue warant against for ur absence before the court.

RMD

Raj 21 September 2016

Thanks a lot everyone for your valuable input.

Can I write a letter and post to the Magistrate in Delhi seeking for closure of the case giving the valid reasons that I would not be able to continue this case as I no more live in India and it can be closed with a warning to the person I had complained about?

Is there anything wrong in this? Will it help me or backfire me? Any suggestions..has anyone experience this situation before?

Regards,

Raj

Raj 22 September 2016

Dear sirs, please can u advise on my above query. Many thanks.

muralidara R naidu (advocate) 22 September 2016

Dear Raj,

There is no such procedure in crminal cases, if it is civil case u could have given power of attrney.

U contact the police who served summonce, request him to in inform fact that ur in abrod to public prosecutor, and to seek adjournmet till u visit india.

this is the only remedy.

RMD