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How to compromise over a case U/S 323 of IPC
03-Dec-2023 (In Criminal Law)
I m a govt doctor..i have lodged f.i.r against two people in 323, 353 ipc..they lodged cross fir in 323 ipc against me..how can we compromise now?
Section 323 is compoundable offence u/s 320 of Cr.P.C. and the compounding of an offence in this manner has the effect of the acquittal of the accused. For closing the case against you, you have to file an application before the Court, where the case is being tried, mentioning therein that you have compromised the matter with the affected person.
It is better if the affected person also files his affidavit alongwith this petition that he has compromised the matter with you and that he has no objection if the FIR and the criminal proceedings against you are quashed.
If there is a written compromise, a copy of the same should also be filed alongwith the petition. The court ordinarily send/refer the case to the Lok Adalat for settlement and disposal, if the offence is compoundable. In practice, the people mostly file a Criminal Miscellaneous Main petition in the High Court under section 482 Cr.P.C for quashing of the FIR and for quashing of the criminal proceedings pending in the trial court.
It is better if the affected person also files his affidavit alongwith this petition that he has compromised the matter with you and that he has no objection if the FIR and the criminal proceedings against you are quashed.
If there is a written compromise, a copy of the same should also be filed alongwith the petition. The court ordinarily send/refer the case to the Lok Adalat for settlement and disposal, if the offence is compoundable. In practice, the people mostly file a Criminal Miscellaneous Main petition in the High Court under section 482 Cr.P.C for quashing of the FIR and for quashing of the criminal proceedings pending in the trial court.
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Sir, as per ur statement u lodge for against two person us 323,353 and cross fir against u us 323 ,sec 323 is compoundable so any time party can widro and in 353 hostile witness then settle the matter rest on at the of see
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Adv. D D Purohit
Jodhpur | 100+ Answers
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