compromise in a non compoundable offence
vinod bansal
(Querist) 22 September 2010
This query is : Resolved
R/Experts
I am representing accused persons ina case u/ss 323/506/148/149 IPC.Matter has amicably settled and now case is fixed for framing of charges,but now i want to move an application for dropping the proceedings on the basis of compromise deed,but problem is that 148 IPC is non compoundable offence,kindly suggest me what way i have to adopt in Magistrate court (Trial court)to drop the all proceedings at this very stage.Regards
Arvind Singh Chauhan
(Expert) 22 September 2010
The only legal way is to apply under Plea of bargaining and pray to, release accused on probation or to admonish him under 360 Cr.P.C.
Devajyoti Barman
(Expert) 22 September 2010
You can also produce the witnesses who would testify in favour of the accused. Moreover the case may be quashed by the high court on the representation of both the partied that the dispute has been settled.
Kiran Kumar
(Expert) 22 September 2010
Vinod ji file a quashing petition under S.482 Cr.P.C, on the basis of compromise, before the Hon'ble High Court.
Since you belong to State of Haryana, you must be aware of P&H court judgment of 2007 titled as Kulvinder Singh v/s State of Punjab. You may find the same in RCR (criminal).
Plea Bargaining or probation will be also entail conviction but the quashing will have an impact of acquittal.
vinod bansal
(Querist) 23 September 2010
Thankyou very much Kiran ji,Barman Ji ,Arvind Ji. with Regards
Ajay Bansal
(Expert) 23 September 2010
FILE A PETION U/S 482 Cr.P.C. IN HIGH COURT.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 September 2010
Quash for compromise not permissible.
Law is nothing but pure common sense , if both parties are ready no provision is needed , just make the witness hostile.
