LawRato

Can 420 FIR be quashed in HC, Complainant vanished after settlement.


01-Feb-2024 (In Criminal Law)
After a 420 FIR against us, we had settled the matter in mediation while taking AB. We did not know we had to quash the FIR also. Now the trial has begun and complainant is not appearing even after summons through ACP, DCP, SHO. Judge is asking us to fight on merits now and argue on charges. Filed quashing in HC, judge has summoned the builder but not staying the trial as it could lead to findings where we could have done any forgery in MCD. Private Land is involved. What should be done?
Answers (5)

Answer #1
825 votes
Your advocate would have to satisfy the court that no other third party was affected by the transaction between you and builder. once HC is satisfied of this, the court can quash the proceedings against you as the matter seems civil in nature and has also been settled between parties. should you have any questions please feel free to contact me
Helpful? LawRato LawRato
Advocate Kunal Seth

Adv. Kunal Seth

LawRato Delhi | 700+ Answers
Chat with Advocate Kunal Seth Chat 
Answer #2
594 votes
Non-appearance of complainant: While non-appearance can weaken the prosecution's case, it doesn't guarantee dismissal. The court can proceed based on other evidence or initiate coercive measures to secure the complainant's presence. Fighting on merits: If the High Court doesn't grant a stay, defending the charges in court might be necessary. This involves presenting evidence challenging the allegations and demonstrating the settlement agreement's validity.
Helpful? LawRato LawRato
Advocate Abdullah Akhtar

Adv. Abdullah Akhtar

LawRatoDelhi | 100+ Answers
Chat with Advocate Abdullah Akhtar Chat 
Answer #3
923 votes
Hi sir.. !! My suggestion to you will be that file an application seeking discharge from the charges and while arguing the said application put forth the fact very strongly that when the complainant is not interested and not coming to the court despite specific court orders then the present case should get dismissed.
Helpful? LawRato LawRato
Advocate Meenakshi Garg

Adv. Meenakshi Garg

LawRatoDelhi | 100+ Answers
Chat with Advocate Meenakshi Garg Chat 
Answer #4
993 votes
First of all hire an criminal advocate and fix an appointment with them then they will help in quashing of fIR in your criminal matter and provide you relief in your matter as soon as possible and helps in file a status report in regarding that issue
Helpful? LawRato LawRato
Advocate Mayank Arora

Adv. Mayank Arora

LawRatoDelhi | 50+ Answers
Chat with Advocate Mayank Arora Chat 
Answer #5
802 votes
If you possess a valid settlement deed from the CAW cell, and the settlement amount has been duly paid to the wife, the High Court has the authority to quash the case, even if the complainant does not appear before the court. A pertinent legal precedent supporting this stance is the case of Purshotam Gupta And Ors. vs State And Anr., decided on January 23, 2008.
Helpful? LawRato LawRato
Advocate Arinjay Bisht

Adv. Arinjay Bisht

LawRatoDelhi | 100+ Answers
Chat with Advocate Arinjay Bisht Chat 

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