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Querist : Anonymous (Querist) 17 January 2012 This query is : Resolved
there was a robbery in my house about a yr ago and jewellery was stolen from my house. my domestic maid was arrested and she confessed to the crime. she was put in the lockup for 7 days . 50% of the jewellery was recovered from her and the balance is yet to be recovered. the police has filed the chargesheet. its been over a yr now and the maid has come forward for settlement and agreed to pay cash for the remaining value of the jewellery . she wants me to take back the case after giving the money. what is the procedure of closing the case and should i recover the money from the judge or the police.

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Raj Kumar Makkad (Expert) 17 January 2012
You should get the money from her and should provide its receipt.

As the charge-sheet has already been filed and the case is posted for the evidence of the prosecution, you shall have to change your statement in such a way that you are declared a hostile. Thus the entire benefit shall go in favour of the accused and she shall be acquitted accordingly.

This offence of 380/411 IPC is not compoundable so this is the only way.

Querist : Anonymous (Querist) 17 January 2012
if both the parties have mutually agreed to settle the matter and compromised can the fir be cancelled then.

Sudhir Kumar, Advocate (Expert) 17 January 2012
First be clear whether it was robbery or theft.

Advocate M.Bhadra (Expert) 17 January 2012
First you should received the money and duly informed to the Police.It seems that it was theft not robbery,theft is not compoundable offence, the Magistrate Court have no power to dismiss the case on the basis of recovery.However you may contact with Public Prosecutor.

Shonee Kapoor (Expert) 17 January 2012
I agree with Ld. Mr. Makkad.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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