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Fir under sec 420

(Querist) 31 March 2012 This query is : Resolved 
On complaining directly and getting an FIR under sec 420 for reccovery of money sent as advance for purchase of cotton. But once the police comes there is no arrrest and they get the draft for the complete amount with an agreement of settlement. But after this the police are not withdrawing the case and again harassing. This stage what has the acccused to do who has obtained an anticipatory bail and who is only A3 in the FIR only a broker. A1 has already settled the matter but still complaint not withdrawn. Now what has the broker A3 to do as he has not played any role in this transaction of cheating.
Deepak Nair (Expert) 31 March 2012
Not to worry. These are tactics to extract money.
Make a complaint to the superior officer.
V R SHROFF (Expert) 31 March 2012
Police for their cut use criminal procedure for recovery of money of Civil matter.
They only want money.
SAINATH DEVALLA (Expert) 31 March 2012
Dear Atul,
The police are not supposed to involve in civil matters as per the directions of the supreme court.These are only ways and means to grab money from innocent people.
ajay sethi (Expert) 31 March 2012
since you have arrived at settlement and made full payment the police can file report mentioning the settlement arrived at between parties .
since FIR is already lodged the case can be witrhdrawn by the public prosecutor
H. S. Thukral (Expert) 31 March 2012
it is a compoundable offence with the permission of court. An application has to be moved to the court. Police can not withdraw the case. Public prosecutor also can not withdraw the case. Superior officer also can not help you. If the complainant after receiving the money wants to compound the case move an application before the court. If he does not want to compound then the trial will go on.
Shonee Kapoor (Expert) 31 March 2012
nothing left to add.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh (Expert) 01 April 2012
agree with Mr. Harbhajan Singh Thukral
Guest (Expert) 01 April 2012
I endorse the views of the experts.


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