Compromise u/s 498 for FIR u/s 452 IPC

This query is : Resolved 

Querist : Anonymous (Querist)
15 April 2011

Naveen reports an FIR u/s 452 IPC against Sandeep, Amit(both brothers) and their father Shyam. No such incident took place the reason for filing the FIR was partition suit pending in court between father of Naveen and Shyam. Finally, the court passes a decree and judgement for partition which is agreed upon by father of Naveen, Shyam and Shyam himself by signing in presence of judge.

In decree it has been mentioned that Naveen would take back the case u/s 452 pending in the court. To proceed with the petition is filed in high court u/s 498 for compromise and afidavit of Naveen attached for compromise. Now, Naveen is not appearing in court and is not ready for compromise.
Can the court dismiss the case? Is appearance of Naveen necessary? Can Court quash the FIR without hearing Naveen?

Kiran Kumar (Expert)
16 April 2011

the petition must have been filed under Section 482 Cr.P.C for quashing of the FIR.

if the complainant is not appearing before the HC then make out a case on merits.

after giving a statement before Civil court if the complainant runs from other commitments then certainly its a misuse of process of law.

Querist : Anonymous (Querist)
16 April 2011

But Naveen has not signed on any of documents or partition deed in the court. Then still will it account for misuse of process of law. And if yes, then can Sandeep, Amit or their father file any kind of suit in civil court.

Querist : Anonymous (Querist)
16 April 2011

The statement before the civil court is by Naveen's father and he has appeared as witness also in case u/s 452. But yes, Naveen has signed on Ekrarnama wand (Pertition Document) based on which the civil court has passed the degree and judgement.

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