Fir withdrawl u/s 379 ipc

1. Confession of an offence before the police is in-admissible in evidence.

2. It is only allegation u/s 379 IPC which is difficult to prove untill some thing (stolen) is recovered from your possession, consult your lawyer.

3. Appearnce before police has no importance, probably your are on police bail, isn't it? If so, the IO shall intimate you to appear before the Trial Court when s/he files the chargesheet.

4. After filing charge sheet you can seek for mediation and sort out the matter amicably, you shall be discharged on charge itself.

5. Contact, consult and engage a local prudent lawyer for proper guidance, advise and proceeding.

Best wishes

 

But kindly let me know that is it possible that compliment can withdraw the FIR by a legal letter only as he is a foregion national and can not appear in front of police or court.

Fir can only be qushed in High court under 482 CrPC.

Thanks & Regards,

Adv Nitish Banka

9891549997

Whether he is a foriegn or an Indian national,if the matter is settled outside the court he has to appear in person in the court to plead that his complaint is not being pressed for proceedings.

Other things as adviced by Adv Dr Vasistha.

If U have misused the credit card for making online transactions even section 66D of IT Act should have been incorporated.

recent update on the case is that coplainent has agreed to compromise with remburment+intrest for the amount used by card. Mr SAINATH card is not used for any online transactions. Kindly guide me as the picture is still not clear wheather she can take back her cmplaint and refuse for proceedings. If the matter can be sorted out without trials in court.and i do not have to face any legal actions.

If the chargesheet is not filed then the complainant can withdraw her complaint stating the reasons.In case the matter has reached the court,she can submit a withdrawl petition along with form 257 and state that as the matter is settled outside the court she is not pressing for the trail and proceedings. The court if satisfied may permit but may ask the complainant/accused to pay court charges.

If negatived in the lower court then the only option is to go for a quash in the high court.

Dear Mr Sainath ,

                           Requesting you to provide your contact details to cunsult regarding this case.

Thanks.

 

Yes the chargesheet has not been filed yet,and the complainent also want to withdraw the fir.