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Query regarding 258 crpc and 320 crpc.
25-Dec-2024 (In Criminal Law)
I have two queries :-
1) Can a magistrate stop the proceeding of a case of 323/504/506 IPC in which accused is chargesheeted by the police.
2) Can a criminal case of 323/504/506 IPC in which an accused is chargesheeted be compounded after framing of charges.
yes sir a magistrate can use his powers to stop a case under 323 504 506 of ipc. yes if the offenses are compoundable the chargesheet the names can be removed from the chargesheet so we have to see the table given at the end of the schedule
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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according to your query the magistrate cannot stop the proceedings but you can file a discharge application before magistrate
or you can file the compromise deed to compromise your case if compromise is done then you will acquit
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Adv. Amit Pandey
Lucknow | 400+ Answers
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No, directly he can not stop any proceeding until/ unless a compromise application between the parties exist. secondly all three charges are nature of compundable and it can be quashed from high court easily
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Adv. Anand Mani Tiwari
Allahabad | 50+ Answers
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Answer to both the questions is as follows: the magistrate can stop initiation of proceedings on two generally available grounds; and Yes, the criminal case in the above mentioned sections can be compounded as well though the method may differ.
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Adv. Bihaan Pandey
Allahabad | 50+ Answers
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The Magistrate cannot unilaterally stop proceedings without a formal compromise petition between parties. You have two options: First, file a discharge application before the Magistrate. Second, since the charges under Sections 323/504/506 IPC are compoundable, you can approach the High Court for quashing based on settlement.
Feel free to contact me in case you require any legal assistance
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Adv. Aditya Prakash
Lucknow | 25+ Answers
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