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What is the procedure to compromise over a FIR filed.
04-Dec-2023 (In Criminal Law)
I have lodged FIR against a person in 353ipc..now he is requesting to compromise...is this possible now where challan has been put in court and trial is running
For compromise, you have to file an application before the Court, where the case is being tried, mentioning therein that you have compromised the matter with the affected person.
It is better if the affected person also files his affidavit alongwith this petition that he has compromised the matter with you and that he has no objection if the FIR and the criminal proceedings against you are quashed.
If there is a written compromise, a copy of the same should also be filed alongwith the petition. The court ordinarily send/refer the case to the Lok Adalat for settlement and disposal, if the offence is compoundable. In practice, the people mostly file a Criminal Miscellaneous Main petition in the High Court under section 482 Cr.P.C for quashing of the FIR and for quashing of the criminal proceedings pending in the trial court.
It is better if the affected person also files his affidavit alongwith this petition that he has compromised the matter with you and that he has no objection if the FIR and the criminal proceedings against you are quashed.
If there is a written compromise, a copy of the same should also be filed alongwith the petition. The court ordinarily send/refer the case to the Lok Adalat for settlement and disposal, if the offence is compoundable. In practice, the people mostly file a Criminal Miscellaneous Main petition in the High Court under section 482 Cr.P.C for quashing of the FIR and for quashing of the criminal proceedings pending in the trial court.
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Can compromise be done in criminal case?
The Court has permitted compromise in the following instances:
The Indian Penal Code Sections 323 and 324 of the case. The accused was an attorney in a case under section 307 (Indian Penal Code). Case under section 138, Negotiable Instruments Act etc.
Can FIR be compromised?
Even after filing the chargesheet, the court can still quash the FIR if it is convinced that the petitioner is right. The high court can compromise with the complainant or the accused at any time. 22-Aug-2023
What is the next stage after FIR?
The police will arrest the criminals if they are located. The police will then record their findings into a "Challan" or charge sheet once the investigation is complete. The case is taken to court if the charge sheet is considered sufficient.
On what grounds FIR can be quashed?
Lack of evidence and uncontroverted allegations: The court can quash a FIR if the evidence provided in the complaint or FIR does not prove the commission of an offence. 24-Jul-2023
As per ur state U have lodge fir against accused ,and he request for compromise ,if offense sec in f I r is compoundable under crpc tnen on any stage u can comprises with opp party before competent authority rest on VI's a vise
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Adv. D D Purohit
Jodhpur | 100+ Answers
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Yes it can be possible. U can approach high court under section 482 cr.p.c for quashing of the fir and all proceeding enamating from the fir to be quahed in light of the judgment of apex court in case of gian singh v state of punjab and another reported in 2012(4)(criminal)page543.
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Adv. Hemant Taylor
Jaipur | 100+ Answers
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