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Compromise

(Querist) 01 September 2014 This query is : Resolved 
dear sir
The complainant is the wife of the main accused and had filed a case under section 406/34 i.p.c .The case is pending before the judicial magistrate for want of execution of the seizure.now both the complaint and the accused wants to o compromise the case. how it can be done.is it necessary that they have to filed a joint petition along with an affidavit.pls suggest.can court compound the case
after going through ur answer ,one of our learned counsel ask me whether any advocates has been engaged,yes sir ,both the parties has engaged advocate.the accused advocate will entered appearance on the next date.the accused advocate have advised that we the accused side have to take court bail.as the place is very far way from the residence ,the accused are not in a poistion to arrange surety for them.can we pay case amount as bail money.lastly can a joint compromise petition can be filed in the trial court.as the sections are compoundable .is section 34 is compoundable .And the main accused ,the husabnd of the complainant is dead.will trial magistrate will accept petition if the complainant say that she has nothing to say ,if the trial court discharged the acussed.do the trial court has power to discharged the accused or quased the complain,pls elinghten me.can the case .can this acse be closed without going for trial and high court.pls help me
Sudhir Kumar, Advocate Online (Expert) 01 September 2014
come with full facts
Anirudh (Expert) 01 September 2014
First please confirm whether you and the complainant wife have appointed Advocates for your respective cases or not.
Devajyoti Barman (Expert) 01 September 2014
Both of them can go for mutual quashing from high court.
ajay sethi (Expert) 01 September 2014
move HC for quashing
Rajendra K Goyal (Expert) 01 September 2014
HC can be approached for quashing.
nashirul (Querist) 01 September 2014
sir i feel so blessed being a part of ur club. it was so kind of u for helping in resolving my query,especially anirud sir ,u help us grow to become a honest and helpful citizen.u people will be inspirations for us in near future.
regards nashirul
Devajyoti Barman (Expert) 01 September 2014
which are those??
V R SHROFF (Expert) 01 September 2014
Shri Barmanji,
Mr. Nashirul is himself an ADVOCATE advocate!!!!!!!!!!
Anirudh (Expert) 02 September 2014
Yes both the complainant and the accused can give a petition jointly signed saying that they are compromising and settling the matter outside the court. The complainant can withdraw her complaint.

If that happens, the question of getting bail, paying amount in cash, etc., does not arise. Further more, the question of compounding will arise only when some one is convicted. In your case, that stage has not reached.

Now as per your plan, the case/complaint will be withdrawn, there will be no trial in case the magistrate permits the withdrawal.

(THESE DETAILS YOU COULD HAVE GIVEN IN YOUR FIRST POST, SO THAT YOU COULD HAVE GOT THE ANSWER IN THE FIRST TIME ITSELF.)
nashirul (Querist) 02 September 2014
respect and gratitude towards u to bring smile to our faces.
Devajyoti Barman (Expert) 04 September 2014
ok..all the best.
T. Kalaiselvan, Advocate (Expert) 04 September 2014
The experts have advised very well, nothing more to add.


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