Civil Procedure Code (CPC)

337 & 338 of I.P.C Urgent please

This query is : Resolved 
 

(Querist)
08 October 2010

"X" going right side of the road "Y" coming opposite direction left side of the road, "C" child came suddenly on the road "Y" want to save the life of the child dashed "X", "C" safe.

"X" & "Y" both have injured, police registered cases On behalf of "X" registered U/s 337 of I.P.C, on behalf of "Y" registered U/s 338 of I.P.C

It is in crime state

Both parties not willing to case before the court, both parties wanted to withdraw the cases.

please suggest how to withdraw the cases

Is there any possibility to withdraw without Surrendering before the court or bail

i am waiting for your reply


M.Sheik Mohammed AliOnline (Expert)
08 October 2010

Dear Mr.K.Satyanarayana, both section of ipc 337/338 less ther 3 years of offences, its also compoundable offence, so you can withdraw yours complaint on the spot of police station.

pawan sharma (Expert)
08 October 2010

i am adding in the above , that with the permission of the court.

K Satyanarayana (Querist)
08 October 2010

I tried in police station but Police told that once registered FIR there is no chance to withdraw in the police station,

My Query is i want to settle the cases, without appearing before the court, is it possible or not

Is there any section to settle the matter before the Police station

Ajay Bansal (Expert)
08 October 2010

YOU WILL HAVE TO GO INTO COURT.

Devajyoti BarmanOnline (Expert)
08 October 2010

Yes it can be possible if you submit a written settlement with the police station , provided no charge sheet is as yet submitted.

s.subramanian (Expert)
09 October 2010

The police can investigate and refer the FIR as mistake of fact on the basis of the withdrawal by both the parties.No need to file any charge sheet.

Advocate. Arunagiri (Expert)
09 October 2010

The police can send a final report that the matter is already settled between the parties. The police should enclose the written statements of the parties for arriving comprise. They need not go to the court for the purpose of comprise at this level.

MANISH (Expert)
13 October 2010

Dear Mr. Satyanarayana,
It is better that the statement may be made before police that the parties don't want to pursue the matter, and wish to withdraw the case.
Still if the police wants, then before the court at the first date of hearing, both the parties may appear and state the same before the Magistrate. The magistrate will record the statement of the complainant of the said case, and will allow the complainant to compound the same.



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