Out of the court settlement in petty cases
PVG Satish
(Querist) 07 March 2013
This query is : Resolved
In petty cases viz. simple assault, verbal abuse etc. can the aggrieved person in his complaint to the police express his intention to settle the matter out of the court with the offender? If yes, can he also mention the amount of money he wishes to receive from the offender as compensation?
I understand that the police will counsel the parties involved and persuade them to settle the matter without going to the court. However, I'm just curious to know if it can be mentioned in the complaint itself.
A specimen is given hereunder, kindly let me know how it sounds.
"Understanding the petty nature of the crime and in the interest of saving time for the court, the police and myself, I would like to settle this matter out of the court for a compensation of Rs. 5000 and a letter of apology from Mr. X"
In this case, if the offender is not ready to compromise and in turn threatens the aggrieved of filing a (false) case against him, is it not prima facie a case of wrongly setting the law in motion? Understanding that a case of malicious prosecution can be initiated only after one's acquittal and proving malice, what can the aggrieved in this case do to convince police to not to initiate a case against him?
Many thanks.
Kiran Kumar
(Expert) 07 March 2013
If the parties are settling the matter out of court then one thing must be kept in mind that it is permitted by the law. (depends upon the nature of offence)
A few offences are compoundable and if the matter is before court then the same can be compounded before the court.
Otherwise, you need not to mention that in order to save the time of court and police, the matter is being compromised.
Simply say, with the help of friends and respectable members of the society, the parties have agreed to settle the matter peacefully/ Amicably. The accused party will compensate the complainant with Rs.***** compensation. None of the parties have any grudge against each other and would like to put an end to the litigation. None of the parties will file any civil or criminal case against each other, in future, regarding the present dispute.
If necessary, the settlement may be supported by some affidavit.
PVG Satish
(Querist) 07 March 2013
Dear Mr. Kumar,
Thank you, your reply is highly informative.
Could you reply to my second query also - reg saving oneself from being wrongfully prosecuted? Apart from compromise, is there any other way this could be done?
Thanks again.
Devajyoti Barman
(Expert) 08 March 2013
Starting a case or not is the prerogative of the Police.
If the accused person is aggrieved by the conduct of the Police then he can always go for quashing.
