LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

compromise u/s 341 and 323

(Querist) 23 March 2017 This query is : Resolved 
Hello respected concerned person,
Following are my questions if a person is charged u/s 323 and 341
1) whether there is any particular criteria to get charged under 323 and 341... for ex if comainant have only tear in a muscle can 323 341 be valid
2) whether compromise and quashing of FIR is same thing
3)whether compromise lead to clean record of accused ... if not then can quashing do so
4) whether a person gets any difficulty in changing job or going abroad if a case is running in his name

Your answers will be precious to me... thanks in advance and try to answer asap
I' ll be very thankfull to u
s. ganesan (Expert) 24 March 2017
1. there is no particular criteria for 323, no physical injury is needed.
2. Compromise is the best things. Quashing will take more time.
In quash the courts will not ordinarily quash, most of the cases will be closed after given direction to dispose the case within short time
3. Yes because no appeal against compromise. which is clean acquittal
4. yes. visa will not be granted if a criminal case is pending against the person.
My advice go for compromise as the case is a compoundable offence. fist you talk with the defacto complainant with a lawyer.
Ms.Usha Kapoor (Expert) 25 March 2017
Agree with expert Mr.Ganesan.
Rajendra K Goyal (Expert) 25 March 2017
You asked:
1) whether there is any particular criteria to get charged under 323 and 341... for ex if comainant have only tear in a muscle can 323 341 be valid

Reply:

Please state real material facts.

You asked:

2) whether compromise and quashing of FIR is same thing

Reply:

No

Rajendra K Goyal (Expert) 25 March 2017
You asked:

3)whether compromise lead to clean record of accused ... if not then can quashing do so

Reply:

depend on the terms of compromise.

You asked:

4) whether a person gets any difficulty in changing job or going abroad if a case is running in his name

Reply:

All depend on the country to be visited / Company to be joined.
Dr J C Vashista (Expert) 26 March 2017
How you are concerned with the questions (not a query)? Besides this, multiple questions such as accused has already been charges u/s 323 and 341 IPC; criteria/validity for charges to be framed u/s 323 and 341 IPC;
detailed discussion on the subject of quashing of FIR vis-a-vis compromise;
difference between compromise and quashing;
effect of running the case or on compromise on changing job OR visiting abroad when compromised or effect on quashing FIR;

and many more questions have been set/ raised in this examination hall question paper.

What is the background, facts and circumstances of the questions?

Basically this platform is meant for needy litigants and not for examiners.

Pure academic question paper.

The author is required to seek guidance of his tutor.


karan (Querist) 26 March 2017
@s ganesan
Thanks sir for your previous answers. Following are some other related queries

you told that there is no criteria for 323.. but whether there is any critreria for chargeability of 341.. can only tear in muscle is good enough for imposition of 341.
can compromise erase your name from police records(Complainant is agree for compromise) or quashing is required for that
Whether quashing and compromise are mutually exclusive or we need to do compromise first for getting FIR quashed

I agree that visa will not be granted but whether a running case is hurdle for domestic job change in case they do refernce check

karan (Querist) 26 March 2017
@ rajendra K goyal
facts are .. complainant calls accused in evening to meet and doing argument over something and keep pushing accused and due to imbalance compalinant fell on the ground and his knee landed on cap of gutter and there is minor tear in muscle as per reports (complainant was drunk at that time)
they filed FIR after 2 days u/s 323 & 341 and attached reports of Govt.
complainant had injury on same leg in past also as told by accused as complainant and accused are known to each other

now in reality accused has not done or fought with complainant .. injury happened bcoz complainant was drunk at that time

complainant agree for compromise
1) what is best possible action accused can take... whether he should compromise or fight the case or any other possible way
2) If we do compromise whether record get clean or is there any other way to get cleab record
karan (Querist) 26 March 2017
Dr jc vashisht sir...This is practical question .. facts are mentioned above
karan (Querist) 28 March 2017
kindly suggest...
karan (Querist) 28 March 2017
kindly suggest


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :