COMPOUNDING OF OFFENCES

Querist : Anonymous (Querist) 14 March 2010 This query is : Resolved
DISPUTE BETWEEN TWO PARTIES.FIRs REGISTERED.CHALLANS FILED. LATER ALL MATTERS COMPROMISED.HC MOVED JOINTLY FOR QUASHING.HC DECIDES IN FAVOUR.ORDERS PASSED THAT BOTH PARTIES AT LIBERTY TO APPROACH TRIAL COURT FOR COMPOUNDING AND TC DIRECTED TO ACCORDINGLY COMPOUND THE OFFENCES.ONE PARTY UNABLE TO APPEAR IN PERSON.SINCE OTHER PARTY EAGER TO GET HIS MATTERS COMPOUNDED FIRST,CAN FIRST PARTY AS COMPLAINANT APPEAR THROUGH ADVOCATE FOR COMPOUNDING OF MATTERS OF OTHER PARTY.UNDER WHICH SECTION OF LAW?CAN BAILABLE WARRANTS OF COMPLAINANT BE ISSUED IF HE FAILS TO APPEAR ON SUCCESSIVE DATES AS OTHER PARTY HAS ALREADY MOVED TC FOR COMPOUNDING AS PER HC ORDERS

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Guest (Expert) 14 March 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE COMPOUNDING OF OFFENCES KINDLY NOTE THAT.
1.IN CASE OF CROSS COMPLAINTS BOTH THE COMPLAINENTS AND ACCUSED IN BOTH CASES HAVE TO APPEAR IN PERSON BEFORE THE TRIAL COURT AND SUBMIT TWO SEPERATE APPLICATIONS IN TWO CASES SIGNED BY BOTH COMPLAINENT AND ACCUSED FOR PERMISSION TO COMPOUND THE OFFENCES.
2.KINDLY NOTE THAT IN CASE OF COMPOUNDABLE OFFENCES COURT WILL PASS THE ORDER ON SAID APPLICATION BY EXAMINING THE COMPLAINENT IN WITNESS BOX.AND HE SHOULD SAY AS PER HIS APPLICATION.
3.BUT IN CASE OF NON COMPOUNDABLE OFFENCES THE COMPLAINENT WILL BE EXAMINED IN THE WITNESS BOX AND WITH THE HELP OF LEGAL EXPERT HE SHOULD REPLY THE QUESTIONS ASKED BY THE GOVT.LAWYER.
THE COMPLAINENT SHOULD BE CAREFUL WHILE GIVING ANSWERS IN NON COMPOUNDABLE OFFENCES PREFERABLE WITH THE HELP OF EXPERT LAWYER HE SHOULD REPLY LIKE HOSTILE WITNESS.IN CASE HE DENIES ALL FACTS IN COMPLAINT THE ACCUSED CAN BE ACQUITED BUT IF BY MISTAKES HE ADMITS ANY FACTS IN COMPLAINT THEN ACCUSED MAY BE PUNISHED PLEASE NOTE.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS OR CALL.WILL HELP YOU
THANKS.

Raj Kumar Makkad (Expert) 14 March 2010
In your matter, court can definitely seek presence of the complainant in person for the execution of the direction of HC and if he do not appear then can issue bailable followed by non-bailable warrants and even then if he do not appear then court can pass appropriate order in his absense means the whole benefit shall go in favour of the second party in your case.

This is procedural law and no specific citation is required to establish this process.

Kiran Kumar (Expert) 14 March 2010
in ur case, it seems that the offences were of Compoundable nature so the HC ordered to approach the trial court for the said purpose.

now if the complainant is not appearing intentionally then his complaint may fall flat due to his non appearnce.