How to cancel FIR when both the parties are ready for compromise

754 votes

As per your query, I feel the complainant is backing out. Merely a written comprimise wont suffice but the complainant has to appear before HC and get his statement recorded. You need to pursuade him and then file quashing. Else, it cant be said if the police would move cancellation or not.

Advocate Pankaj Chauhan LawRato

986 votes

Hello
I remembered that i had posted my views already .views ca not be changed when you put your query again and again.police has a remedy to file cancellation report thrn complainant will give statment in court for accpeptance of ths

Advocate Deepak Sabharwal LawRato

833 votes

dear questioner,i suppose your information is not to the point. if police has presented the chalan then case will be proceeded as per rules unless you filed the quashing report. but if the chalan is not presented still there's a chance to cancel the FIR.
as far as the documentation formaility is concerned you have to get the documents with your own efforts. nobody can do something in this regard.moreover, if the matter has been compromised then it is the duty of the other party to provide you with the required documents. otherwise,proceedings will be linger on.
and this will cause the frustration to both of the parties,and not only you will suffer. you can elaborately get your answer through a discussion. so i suggest you to talk the lawyer of your choice.

Advocate Nidhi Sharma LawRato

707 votes

Punjab and Haryana High Court: In a recent appeal before the High Court, it has held that a compromise between the parties is never a concrete ground to quash the criminal proceedings against the accused. The appellant in this case was sentenced to a RI of two years for offence under Sections 326, 323 and 324 IPC by the trial court.
The appellant prayed before the Court that it was a family dispute which had been resolved amicably. On hearing both the parties and also making sure from the opposite party that it was ready to give effect to compromise, the Bench of Jitendra Chauhan, J. brought attention to Narinder Singh v. State of Punjab, (2014) 6 SCC 466 in which the Apex Court had observed that the High Court may be somewhat liberal in accepting the settlement and quashing the proceedings/investigation keeping in mind the timing of the settlement.
The Court elucidated that it was not bound to quash the proceedings even if the compromise has been effected between the parties. However, it considered the fact that the appellant had already been suffering the agony of criminal trial and this very fact would act as the mitigating circumstance to reduce the sentence awarded to the appellant to the period already undergone further directing the parties to remain bound by the terms of the compromise. [Jagmohan Singh v. State of Punjab, 2017 SCC OnLine P&H 1798, decided on 03.07.2017]

Advocate Nitesh Jha LawRato