About ni act 138
khalid anwar
(Querist) 16 March 2016
This query is : Resolved
Dear sir,
if both parties are agree for comparmise in 138ni act. can both parties compramise and withdraw his case in this stage where case is pending for judgement in addition session judge.
rajagopal.s
(Expert) 17 March 2016
Technically yes. provided the plaintiff withdraws the case.
The plaintiff has to withdraw the case under section 257 of Cr P C .
Please read Section 257. Withdrawal of complaint.
If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
P. Venu
(Expert) 17 March 2016
The complainant can also seek the offence to be compounded.
Rajendra K Goyal
(Expert) 17 March 2016
They may prey to court, provided both the parties agree to it.
