LawRato

Can settlement be done out of court in criminal case


19-Jan-2023 (In Criminal Law)
My case is registered in Bangalore .The FIR was lodged in 2013 and the charge sheet was only filed in August 2016(IPC 420,379, IT ACT (C) (D).I have few questions and looking for some advises and answers.Will be highly obliged if any one of you great minds can offer opinions. 1. The complainant of the case is one individual Mr.X. So is this a case of the Complainant Vs me (accused ) or is it a State Vs me case. In the e-courts website it says its Mr.X Vs me case. How can I know if its a state or Mr X. vs me case?Can I approach for out of court settlement and get the Case Quashed. What would be the best way to approach that? Is it a good idea to reach out to the complainant and ask him to reach a reason. 2. Why did it take so long to charge sheet ? Isn't there a time frame of maximum 90 days ? Thanks & regards
Answers (5)

Answer #1
536 votes
Dear friend,
your query is of minor and simple kidding nature , any FIR is Police case hence State becomes party and complainant ,where one shall be informant who brought the complaint , opposite is accused, computer or e sites can show anything as handled by IT people and do make mistake . You Can contact our office at earliest with copy of all documents including chargesheet to see merit of case . OFC : Adv Pankaj Kumar & Associates.

Answer #2
568 votes
If the fir is registered, it will be state by.....p.s vs you. There are manhboffences which you can compound with or without the permission of the court. In summons case, the charge sheet has to be filed within 6 months.
Advocate Sadanand Naik

Adv. Sadanand Naik

LawRato Bangalore | 200+ Answers
CONTACT NOW
Answer #3
608 votes
Read your query. If your been charged under Sec 420, 379. Then there cannot be a settlement in that case,as the offence you have committed is Nob-compoundable, The only way you can settle the issue is face the trail and settle the issues with the complainant (if the complainant is a private party) and get the evidence in your favour by turning the Complsinant Hostile. It's waste of your time n money to approach for a quash, you should have a proper grounds for seeking quash. Mere filing of Chargesheet after 90 itself is not a Ground.
Advocate Anoop Kumar

Adv. Anoop Kumar

LawRatoBangalore | 25+ Answers
CONTACT NOW
Answer #4
827 votes
Hi, multiple questions put here. state / individual vs you case laws would be treated same in court. state can appoint any individual working in the firm. It is compoundable offence but settlement can be done only based on charge sheet and history of this case. you can approach a local lawyer for more info.
Answer #5
570 votes
Delay in filing change sheet itself a ground to discharge from change

The delay itself shows that police had no evidence to substantiate charges framed against accused
If it is True the accused can file application to discharge
If charge sheet itself not filed, file 482 application for quashing of FIR

Regards from
Ravindra
Advocate Ravindra Prasad

Adv. Ravindra Prasad

LawRatoKolar | 100+ Answers
CONTACT NOW

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato