Discharge from all charges framed by Judge
Querist :
Anonymous
(Querist) 11 November 2010
This query is : Resolved
My very dear friend is framed in a cyber crime (Criminal Case) and charges u/s 292, 420, 474, 471 and many including forging documents etc has been framed against him. Now the matter is extortion is also there. The complainant now want to withdraw charges and want to settle the matter with the accused and ready to file an affidavit to that effect. Complainant wants all property which has been seized from accused should be given to him which accused also agreed.
Now, I want to know that even the above affidavit etc are submitted to the Judge whether considering the mutual settlement between accused and complainant, the Judge will release the accused from all the charges framed against him? Someone told me some supreme court directive is there for such cases.
Can any one competent person truly advise me and guide me? Matter very urgent.
Devajyoti Barman
(Expert) 11 November 2010
The offences u0s 292, 471, 474 IPC etc are non compoundable offence. So the filing of such affidavit would not help the matter. The parties will have to wait till the trial completes or they go to high court for quashing.
Querist :
Anonymous
(Querist) 03 December 2010
Thanks to all of you Sir/s. I understand that the matter referred is plea bargaining where the accused has to accept the guilt and charges framed against him by Metropolitan Magistrate. In such case whether an Addl CMM is empowered to release the accused of all the charges ? What are the precautions are to be taken by the accussed to ensure that he is not jailed? This is the matter of someone innocent's survival and so please advise and recommend any honest and sympathetic criminal lawyear in Mumbai
Advocate. Arunagiri
(Expert) 03 December 2010
It is a private complaint. Your friend can file a discharge petition u/s 245(2). If the complainant is not contesting it, normally the magistrate will allow the petition, and your friend will get discharged. No need to the Addl CMM.
When he is discharged the question of jail does not arise.
In LCI Mumbai based advocates are there, please search for it.
Querist :
Anonymous
(Querist) 03 December 2010
Thank you Adv. Arunagiri. But there was a FIR registered, Police Investigation carried out, Chargesheet filed to court, Charge framed. Do you think after all this activities the complainant can file a discharge petition u/s 245(2) as you mentioned? Please advise
Advocate. Arunagiri
(Expert) 04 December 2010
As you said your friend wanted to withdraw the charges, I thought it is a private complaint. If it is police case, under the current situation, the choice available is 482.
