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How to enforce compromise letter
19-Jun-2023 (In Criminal Law)
Our relatives filed a case 324 and now U/s 326 case after they gave me compromise letter and now not withdrawing complaint so please suggest me how to come out of this case
Hello,
The case has to be withdrawn from the court. Simply giving compromise letter to you will not work. If both the parties compromised the matter and entered into a settlement and, as such, application has to be filed for compounding the offence with the leave of the court and pray for an appropriate order. Feel free to contact me if you need further clarification.
The case has to be withdrawn from the court. Simply giving compromise letter to you will not work. If both the parties compromised the matter and entered into a settlement and, as such, application has to be filed for compounding the offence with the leave of the court and pray for an appropriate order. Feel free to contact me if you need further clarification.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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On what grounds FIR can be quashed?
Lack of evidence and uncontroverted allegations: The court can quash a FIR if the evidence provided in the complaint or FIR does not prove the commission of an offence. 24-Jul-2023
Can FIR be compromised?
Even after filing the chargesheet, the court can still quash the FIR if it is convinced that the petitioner is right. The high court can compromise with the complainant or the accused at any time. 22-Aug-2023
Can compromise be done in criminal case?
The Court has permitted compromise in the following instances:
The Indian Penal Code Sections 323 and 324 of the case. The accused was an attorney in a case under section 307 (Indian Penal Code). Case under section 138, Negotiable Instruments Act etc.
What is the next stage after FIR?
The police will arrest the criminals if they are located. The police will then record their findings into a "Challan" or charge sheet once the investigation is complete. The case is taken to court if the charge sheet is considered sufficient.
You can prove your side before the court with the available evidence, are they attending the court regularly or not? If not, automatically case will be dismissed over a period of time. Sec. 324 of IPC
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Adv. Geeta Tirandasu
Hyderabad | 100+ Answers
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HI
Complaint once filed u/s 326 will continue even if the complainant withdraws the case as the case is now between the state government and you and that complainant is merely a witness now.
Section 326 of IPC is a non compoundable offence.
If they have given you a compromise letter, you can produce the same in the criminal court and get yourself discharged.
Alternatively the case can be quashed in the high court under section 482 of Cr.P.C(If both the parties appear in the high court and ask for quash)
Complaint once filed u/s 326 will continue even if the complainant withdraws the case as the case is now between the state government and you and that complainant is merely a witness now.
Section 326 of IPC is a non compoundable offence.
If they have given you a compromise letter, you can produce the same in the criminal court and get yourself discharged.
Alternatively the case can be quashed in the high court under section 482 of Cr.P.C(If both the parties appear in the high court and ask for quash)
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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