Closing a criminal case
Rajaramana RV
(Querist) 19 December 2013
This query is : Resolved
How do you close a criminal case when the opposite party is not interested in fighting the case and wants to compromise and say it has forgiven the other party. This is for 307 case. How do you close the case? What are the options before chargesheet is filed and after chargesheet is filed. Can such cases be quashed as one sees in newspapers.
T. Kalaiselvan, Advocate
(Expert) 19 December 2013
The offence under this section is cognizable, non-bailable, non-compoundable and triable by a court of session. The quashing of case by the high court will be time consuming and once the charge sheet is filed,turn the witnesses as hostile and close the case, this is a better option.
Nadeem Qureshi
(Expert) 19 December 2013
Dear Querist
i completely agree with expert, because recently the SC held in a judgment that offence committed u/s 307 of IPC is an offence against the society and can not be compound due to compromised. so it will be better either fight the case on merit or if the parties are ready to settle then at the time of examination of witnesses, hostile the witnesses and get an order of acquittal from the court.
Feel Free to Call
R.K Nanda
(Expert) 19 December 2013
agree with experts.
Devajyoti Barman
(Expert) 19 December 2013
do as advised above.
However you may try for mutual quashing from high court.
V R SHROFF
(Expert) 19 December 2013
hostile witness helps finishing case quickly.
BUY NEGATIVE EVIDENCE.