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Asmi Chayya (Owner)     06 August 2012

Settlement/quashing

FIR 2010 against me for robbing cash and card from a cousin's purse at her home. The sections applied were 380 and 403. Now she is willing to settle the matter asap. My next date in the court is in Feb 2013. I have a few questions here.

1. How can this matter be settled/quashed? 

2. Can it be done in the same magistrate court or has to be done in the high court?

3. Can it be done before the next date in court?

Matter urgently needs to be ended by both parties in complete willingness. Please guide us correctly.

Thank you. 



Learning

 7 Replies

rahul (director)     06 August 2012

403 IPC is compoundable,same magistrate court can easly close the case but 380 IPC is non-compoundable

You have to move to High court for quashing on the basis of settlement and when HC quased  your FIR, then you can show that order to magistrate court in Feb 2012 date.

you file a Crl MA. aplication in HC and both the party appear before the judge and judge will ask from your complainnent, on satisfiy, HC will quash the FIR and all the preccdeing thereon.

1 Like

rahul (director)     06 August 2012

Feb 2013

Asmi Chayya (Owner)     06 August 2012

Can you elaborate on this Crl MA? Can you explain a little bit? Also, this means that after i file an application with HC, on a given date, both parties have to be present and on being convinced, the HC will pass an order to quash the FIR. Is that right? And this order has to be submitted to the magistrate court on my date. This way, the matter completely gets shut? 

Prashant Bhat (Vice-President (Legal & Land Acquisition))     06 August 2012

I agree with Rahul..

- Prashant Bhat, Vashi, Navi Mumbai.

Tel.982009955.

surjit singh (Assistant)     06 August 2012

The offence under section 380 IPC is not compoundable, now before the High Court it wholly depends on the Judge and the counsel of other party, how your counsel places your case and how the other party objects or support your petition. It better to ask your lawyer to somehow establish that the section 380 IPC is attracted in your case, if that is accepted you can easily compound your case before the magistrate with the consent with the complainant.

Asmi Chayya (Owner)     13 August 2012

Thank you all. I will follow on. Really helpful. Have been mislead a couple of times. 


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