How to do out of court settlement? And quash FIR after that?
FIR was filed against my friend under section 406 of the Indian Penal Code, but the complainant recovered the property without informing the court and the Investigation officer as the investigation was pending.
Will it be treated as out court settlement?
Can my friend ask the court to cancel the FIR as the complainant has recovered the property?
Your friend should make a MOU(memorandum of understanding) with the complainant and it should be signed by both the parties.
After signing it should be presented in the court.
Alongside this, a petition for quashing of FIR should be filed in the Hon’ble High Court where in the presence of the complainant and accused is necessary.
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- IPC Section 406 - Punishment for criminal breach of trust
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