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Quashing of fir and chargesheet

(Querist) 28 June 2016 This query is : Resolved 
Sir,plz reply
1)When a compoundable case(IPC 341,323, 34)is settled by compromise,then is the fir and the chargesheet automatically quashed or not?
2)If not then what is the procedure to quash the fir along with the chargesheet?
dev kapoor (Expert) 29 June 2016
Hi
There offences are listed as "compodable"in II Schedule appended with Cr.P.C 1973 & once the case is compounded FIR stands automatically nullified as compounding has the effect of acquittal.Nothing else remain to be done at a y level including proceed u.s.482 cr.p.c.
dev kapoor (Expert) 29 June 2016
Hi
There offences are listed as "compodable"in II Schedule appended with Cr.P.C 1973 & once the case is compounded FIR stands automatically nullified as compounding has the effect of acquittal.Nothing else remain to be done at any level including proceed u.s.482 cr.p.c.
Dibya (Querist) 29 June 2016
Thank u very much sir for ur valuable advice...Sir,I just want to know that if in future character antecedent verification occurs,then should I mention about the case which has been nullified or not...I mean what to write in answer to the question,'Have you ever been prosecuted?'.....
Dibya (Querist) 29 June 2016
Thank u very much sir for ur valuable advice...Sir,I just want to know that if in future character antecedent verification occurs,then should I mention about the case which has been nullified or not...I mean what to write in answer to the question,'Have you ever been prosecuted?'.....
Devajyoti Barman (Expert) 29 June 2016
you have state ' yes'.
SAINATH DEVALLA (Expert) 29 June 2016
Rightly concluded by Adv Barman
Rajendra K Goyal (Expert) 29 June 2016
Agree with the expert Devajyoti Barman.
Dibya (Querist) 29 June 2016
OK Sir,Thank u very much again for ur reply... :-)
Dibya (Querist) 29 June 2016
But sir, if I want to clear my charges from the police record then what is the procedure?
Dibya (Querist) 29 June 2016
I mean if I go along with the complainant to the police station and request them to clear the fir as the case has no convuction ...then can they help me?
Dibya (Querist) 02 July 2016
Respected sirs,,,,kindly reply...plzzz
Dr J C Vashista (Expert) 05 July 2016
Police do not frame a charge they are an investigating agency submitting proposed charge sheet to the Magistrate, formally assisting the court to frame charge.


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