HI ALL
charudureja
(Querist) 11 August 2009
This query is : Resolved
This is a case u/s 498 A, but the dispute between the parties has amicably been compromised at the intervention of the well wisher of the locality, but according to the law this offence is not compoundable under section 320 of the Criminal procedure code.
Now question is how to dispose off the case and under which provision?
sanjeev murthy desai
(Expert) 11 August 2009
Dear Charudureja,
You have to be hostile the witness, after case will be automatically disposed.
sanjeev desai
PALNITKAR V.V.
(Expert) 12 August 2009
You can go for quashing also in HC. To ask the witnesses to depose false and turn hostile is not ethical. But the witnesses can certainly say that they do not want to make any complaint now in view of compromise and that they have withdrawn all the allegations.
Kiran Kumar
(Expert) 12 August 2009
Now for every lawyer here....pls read these judgments I am giving, all of us will be benefited.
firstly the judgment to fit the facts stated by Madam Charu Dureja
B.S Joshi and ors. v/s State of Haryana
2003(2) RCR (criminal) 888; AIR 2003 SC 1386; 2003(4) SCC 675; 2003(3) SCALE 214
from this judgment the whole process in this direction started.
Now, the another one:
Kulwinder Singh v/s State of Punjab 2007(3) RCR (Criminal) 1053
Crl. Misc. Petition No. 33016-M of 2007 decided on 8.8.2007
well the alternate citation of this judgment is not available with me, its a 5 judges bench (larger bench) judgment of Punjab and Haryana High Court and discusses the whole law in this context.
i ll try to upload the soft version of this judgment....till then make some efforts to find it.
Nishith P Thakkar
(Expert) 14 August 2009
the opinion of sanjeev ji and palnitkar is correct, the judgment for moving high court under section 482 of cr,p.c is
B.S Joshi and ors. v/s State of Haryana
2003(2) RCR (criminal) 888; AIR 2003 SC 1386; 2003(4) SCC 675; 2003(3) SCALE 214
quashing is permissible for the interest of justice and to save the time of court and to discard the continuation of practically settled case.
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charudureja
(Querist) 14 August 2009
Thankyou to all my friends for ypur worthy advice
