Forgery
rishabh
(Querist) 29 January 2015
This query is : Resolved
Hi all
I've following query
When my elder brother's marriage was registered under Hindu Marriage Act, his mother-in-law was not physically present for the purpose of registration of the marriage. Instead another woman, a colleague of my father, signed on her behalf. Now someone, who had a personal enmity with my father, has registered a case against:
1. My father,
2. brother,
3. sister-in-law
4. The lady who signed the registration document & photographed as my brother's mother-in-law and
5. two witness of the marriage, (they were namberdars)
of forgery and impersonation under sections
419, 420, 465, 467, 468, 471, 120B.
My queries are:
1. My father is deceased. Can the litigant now take back the case (saying he is not aggrieved any more as he had enmity only with my father). Does this amount to compounding of offense?
The litigant has expressed his desire to do so. He was summoned once before the court, and when appearing before the court, he made statement of his intent to withdraw the case. Since we (my brother or the lady) had not received the summons we were not present in court. The judge asked him to submit proof of death. If we produce the death certificate before the court, is it possible that the judge might allow him to take back the case?
2. Does this act classify as forgery? or only impersonation? or both?
3. Can bail be availed?
4. If the litigant can't take back the case, what is the best way forward, to minimize the damage.
The marriage occurred with full consent of my sister-in-law's family and they have no objection. The only reason this happened was that my brother required the registration certificate urgently and his mother-in-law was out of city at that time. There was no intent to cheat anyone or to commit any fraud related to property or other valuable security.
The litigant is just trying to settle personal score and has not been personally harmed in any manner through this act.
Please suggest the best way forward. I'll value your advice. Thanks in advance.
Devajyoti Barman
(Expert) 29 January 2015
1. yES, FIOE DEATH CERTIFICATE AS THE JUDGE MAY DISMISS THE CASE.
2. No
3.yes
4. go for mutual quashing in high court.
rishabh
(Querist) 29 January 2015
Dear Sir,
Thanks a lot for the reply. It has calmed down my nerves a bit.
Although the litigant is willing to take back the case, his counsel is saying that this is not possible as some sections are non-compoundable.
He also says that my brother might be arrested as it is non-bailable. Is he just trying to intimidate us?
Also I could not understand your reply to 2. Is this a case of Forgery?
Thanks a lot
rishabh
(Querist) 29 January 2015
Also can quashing be done in lower court?
Pardon my lack of knowledge, but does quashing mean taking back of case by the litigant?
Devajyoti Barman
(Expert) 30 January 2015
Go to high court and file quashing petition wherein the complainant will verbally or in writing nod for the same. Only HC can do quashing.
P. Venu
(Expert) 30 January 2015
From the facts stated, the offence alleged is trivial; it has not caused or likely to cause any harm and hence is covered by general exceptions under Section 95 IPC. An application could be moved under Section 227 CrPC for discharge before the trial court itself.
Rajendra K Goyal
(Expert) 30 January 2015
Agree with the expert Devajyoti Barman.
ajay sethi
(Expert) 30 January 2015
move HC for quashing
T. Kalaiselvan, Advocate
(Expert) 01 February 2015
If some sections are not compoundable, the case cannot be compounded. Better to approach high court with a quash petition or file a discharge petition before the trial court before the charges are framed.
