Rahul Khanna (Employee) 21 August 2016

Chance of conviction u/s 324,324,341,504,506

Hello Experts,

I am software engineer by profession and having no any criminal record. When i went to village last month accused name A( One of acussed u/s IPC 366 pending in lower court) came to my village and threaten me to compromise the case and meanwhile he began to beat me and snatched my gold ring. However he manage to escape away after intervention of villagers. Later on i got call from polie and ask to come in police station. FIR was logded against me and my brother u/s 324,324,341,504,506. I also lodged the counter case against them u/s 324,324,341,504,506,379 Injury report of A is simple in nature but caused by sharp weapon. However during investigation witness has clearly stated in thier statement no any voilence was happened and told the exact truth what was happened. That was same recorded in supervision report. I got bail next day but they did not get bail yet.

My Question is below..

1. As i am software profession and work 1500 km away from my home town. Do i need to come on each date during trial. Do we have any option to compromise the case though 324 is non compoundable.

2. Is there chane of conviction of section on me however I have all eye-witness who can tell the truth before court.

3. As i said earlier he is accused of case of kidnapping of my relative and threating me to compromise the case. Can i get advantage of this fact during trial.

4. Is there any way to quash the FIR.

Please suggest me.

Thanks in advance

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3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 22 August 2016

Dear Quest,

Kidnapping is cognizable and non-compoundable case hence can’t be compromised or withdrawn.

All have to face the trials for all FIRs

Quashing also not possible.

Speedy Trial is possible if applied before HC.

Sample petition of speedy trial is available in my profile links.

Rahul Khanna (Employee) 22 August 2016

Thanks for your quick respinse but I was asking simple question Accused who is already under trial lodged Fir against me and my brother to compel me to compromise the previous case. My problem is i am currently staying and working very far away from my home town. They just want to harrass me on each date because i have to be present there. Do i have option to compromise all the cases or judge can give me relief in that case which they have lodged against me because they are already under trial for henious crime. Please Answer me.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 22 August 2016

You can make a petition u/s 205 CrPC or 317 CrPC and apprear by your pleader. You need not come personally. But compromise is not possible since these cases are non-compoundable.