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How to secure a compromise in case under IPC
01-Jun-2023 (In Criminal Law)
Hello sir. I being persecuted in a criminal case where I'm not related to the case. Before three years in 2014 I was jailed with my Friends of 4. I'm A1 and I'm highly educated with clear sense of humour. Now the judge has come to the court after 2 years. Therefore we tried before for Lok adalat but judge didn't accepted the compromise from both the parties. She said it can't be compromised . Bcoz of ipc 147. So now the complainant are moving friendly with us. We want to get the case removed. Or acquitted. What is the procedure and how much Time it takes to get compromise or acquitted please sir lead us the right way
Hi,
As Section 147 IPC is non compoundable, the Lok Adalat judge is not willing to accept your contention that compromise has been arrived between you and the de-facto complainant as even if you and the de-facto complainant compromised out of court, the offence cannot be compounded as the offence is a non compoundable one. You need to face the trial in the magistrate court where the same is pending and at the time of prosecution evidence, if the de-facto complainant and prosecution witnesses turn hostile, the case can be ended in your acquittal. Time taken for trial in a magistrate court depends upon the many factors such as pendency of cases in the court, adjournments, transfer of magistrates, prosecution's submission of evidence etc and these cannot be predicted before hand.
As Section 147 IPC is non compoundable, the Lok Adalat judge is not willing to accept your contention that compromise has been arrived between you and the de-facto complainant as even if you and the de-facto complainant compromised out of court, the offence cannot be compounded as the offence is a non compoundable one. You need to face the trial in the magistrate court where the same is pending and at the time of prosecution evidence, if the de-facto complainant and prosecution witnesses turn hostile, the case can be ended in your acquittal. Time taken for trial in a magistrate court depends upon the many factors such as pendency of cases in the court, adjournments, transfer of magistrates, prosecution's submission of evidence etc and these cannot be predicted before hand.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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HI
if the complainant is willing to withdraw the case, then all the parties (complainant included) should sign a compromise agreement and present a petition to quash the proceedings under section 482 of Cr.P.C at the High court.
Only the high court has powers to quash the proceedings.
High court in general if the parties are willing to compromise in 147 IPC cases in general will quash the case if the accused are youngsters/first time offenders.
in the high court all of the parties are required to be present and represented by 1 lawyer if you want to withdraw the case.
if the complainant is willing to withdraw the case, then all the parties (complainant included) should sign a compromise agreement and present a petition to quash the proceedings under section 482 of Cr.P.C at the High court.
Only the high court has powers to quash the proceedings.
High court in general if the parties are willing to compromise in 147 IPC cases in general will quash the case if the accused are youngsters/first time offenders.
in the high court all of the parties are required to be present and represented by 1 lawyer if you want to withdraw the case.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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the case can be referred to the lok adalat only if the case is compoundable or else you need to get the witness hostile as you all got compromised and then that way only you can get acquital. if the compromise is proper then through the defacto complainant you can seek the additional public prosecutor you can request for withdrawal of the non-compoundable sections then you can compromise the matter before the lok-adalat
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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