quashing of criminal case when parties are willing to settle now

Question

quashing of criminal case when parties are willing to settle now

22-Jan-2023 (In Criminal Law)

Hi sir/ Mam, Can a criminal case where a person was hurt be quashed if the victim and the accused state that they have reached an agreement or solution or do not want to press charges

Answers (5)

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LawRato LawRato · Accepted Answer · 2019-01-22T16:46:00+05:30

Answer #1

Yes. You should file a 482 petition before High Court. Where both parties must be present and provide consent to a quash FIR and proceedings. In majority of case HC has taken a view that such proceedings are waste of judicial resources.

Helpful?

19+

Advocate Nataraja KS LawRato · Accepted Answer · 2019-01-22T18:00:35+05:30

Answer #2

Dear client good evening I gone through your case on this platform, let we know your case ,section in charges on in which section to Lodge by victim it's first determine by you, then only it depends,it whether not pressed or what.

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13+

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Advocate Bharat Narasgouda LawRato · Accepted Answer · 2019-01-22T19:27:47+05:30

Answer #3

See if the offence is compoundable under section 320 of crpc and just by filing an application with consent of injured the case can be closed no need of going to the high court, just tell me the sections which have been mentioned will surely guide you.

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Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2019-01-23T13:37:55+05:30

Answer #4

Dear Sir, If you approach High Court under Section 482 of Cr.P.C there are more chances of quashing the criminal proceedings. Alternatively if charge sheet is not filed you may also ask the police to file B report that is no case report. Police have this power by recording further statement of complainant and witnesses.

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LawRato LawRato · Accepted Answer · 2019-01-23T17:49:43+05:30

Answer #5

1. You did not mention the charges here. 2. Court would consider the nature of the case ie., whether its compoundable offence or non-compoundable offence. 3. Talk to your present advocate for more info.

Helpful?

16+