cpc

Help to avail compromise

This query is : Resolved 
 

(Querist)
17 May 2020

my friend book in 380 IPC
we need compromise from store manager(complainant)
when asked manager he replied i will inform my Mumbai official higher authority .
the mall is DMART (supermart) & founder is Radhakishan damani
who is higher authority in our case to grant permission
although it seems difficult to us get compromise from them because we don't know them & they also don't know us
as we don't know them so cannot convince &communicate to them.
But it is easy for you because you might know higher authority may be in your client or friend or relative or your worker someone know them
1 .could anyone help us in getting compromise
2. could you please let us know A prudent criminal counsel for our defence
in rajasthan




N.J.S.Rajkumar alias narasimha (Expert)
17 May 2020

1) Better First send an Pleading Mail to Mumbai Head office for Compromise and Withdrawal of the Complaint/ 2) Advocate Mr. J K. Agrawal -- Juga Kishore Agrawal----advocatejk@yahoo.co.in --- address --407, Bhavya Towers ,, Kabir Marg .. Bani Park -- Jaipur 302016 -- could be approached

amit (Querist)
17 May 2020

THANK YOU N.J.S.Rajkumar alias sir for your reply

Raj Kumar Makkad (Expert)
17 May 2020

It is the complainant who can make compromse but it is upon him to make it or not. It is also his desire to obtain permission from his higher officer/authorities in this regard.

We cannot make any help in apprising the said complainant to make a compromise with you.

There are many lawyers in the data base of this site belonging to Jaipur. You may search and contact with him directly.

Raj Kumar Makkad (Expert)
17 May 2020

This is your repeated query whereas the earlier had been attended in detail by almost all experts active on the site.

amit (Querist)
17 May 2020

Thank you Raj kumar Makkad sir for your reply
IS it just a desire to obtain permission from higher officer ?
is it not obligatory ? .
please clear it
can only manager make compromise without anyone permission ?

Raj Kumar Makkad (Expert)
17 May 2020

Legally this is not a requirement, however, this may be a procedural of the private mall wherein such crime has been committed. The said permission, even if obtained by the manager, shall not form part of the legal proceedings.

amit (Querist)
17 May 2020

THANK YOU Raj Kumar sir for your reply

KISHAN DUTT RETD JUDGE (Expert)
17 May 2020

Dear Sir,
I agree with the opinions of above Experts.

Rajendra K Goyal (Expert)
17 May 2020

You said:
1 .could anyone help us in getting compromise

Reply:

We try to provide legal advice, not supposed to indulge in such activity.

You said:

2. could you please let us know A prudent criminal counsel for our defence in rajasthan

Reply:
There are particularly good lawyers having experience in criminal litigations. Please take help of some known person.

Hemant Agarwal (Expert)
17 May 2020

1. Apprehensively what you require is a "conduit person" to arrange compromise, to escape the committed offences.

2. The Conduit or say middle-man or your legal representative will require his fees. Hence IF you are not looking for Free Service, THEN decide on how much you wish to pay to escape the committed offences.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Raj Kumar Makkad (Expert)
17 May 2020

You are always welcome Mr. author.

amit (Querist)
17 May 2020

@Hemant Agarwal sir you are right
I will pay fees .

amit (Querist)
17 May 2020

@ Hemant Agarwal sir you are right
I will pay fees .

P. Venu (Expert)
18 May 2020

You have already sought the indulgence of the Mall management. Let them take the decision in the due process. It is too tedious to be smarter than them.

In the meanwhile, you (may be your friend) may prepare yourself to face the charge on merits as and when summoned the trial court.

Dr J C Vashista (Expert)
19 May 2020

Well analysed, explained and advised by experts, I endorse the same.
You will have to search local lawyer to mediate /proceed.

Raj Kumar Makkad (Expert)
19 May 2020

I am afraid, how can a local lawyer approach to the complainant to make a compromise with the complainant? Do we also perform the same duty when we are local lawyers in our area?

I have never heard or seen in my 31 years professional life as an advocate. Surprisingly many experts are openly advising the author to contact the local lawyers for the purpose of preparing for the compromise to the complainant..

P. Venu (Expert)
19 May 2020

Yes, the compromise can be only between the complainant and the accused. The lawyer can assist in drawing up the compromise once the settlement has been reached and further pursing the matter in the Court. In the instant case, the compromise, if at all reached, can be given effect by the High Court under the provisions of Section 482 CrPC.

N.J.S.Rajkumar alias narasimha (Expert)
19 May 2020

The Following Posts of my self are only the Querist Mr.Amit

N.J.S.Rajkumar alias narasimha (Expert)
19 May 2020

" Lawyers will Not only Litigate the Case but also would attempt to Negotiate a Compromise " --- which the Practicing Advocates would agree.

N.J.S.Rajkumar alias narasimha (Expert)
19 May 2020

The Negotiation by an Advocate would take place in a wider process of assessment of facts and the law and the provision of advice Part of the skill to understand that context and deal with it appropriately.

N.J.S.Rajkumar alias narasimha (Expert)
19 May 2020

Commenting on" Lawyers Negotiation " confirms the lack of practical experience.

N.J.S.Rajkumar alias narasimha (Expert)
19 May 2020

Negotiator -- Meaning --Some one who tries to help two groups who disagrees to reach an agreement with each other.

N.J.S.Rajkumar alias narasimha (Expert)
19 May 2020

All other comments are due to lack of practical experience

amit (Querist)
19 May 2020

@ Thank YOU VERY MUCH N.J.S.Rajkumar alias narasimha SIR for your reply

N.J.S.Rajkumar alias narasimha (Expert)
19 May 2020

Welcome Take Care and Proceed Steadily-- All the Best

N.J.S.Rajkumar alias narasimha (Expert)
19 May 2020

Querist Mr.Amit Please ignore the following Posts of My self Please.-- To Whom so ever it may concern ( Refer the below post )

N.J.S.Rajkumar alias narasimha (Expert)
19 May 2020

When some one speaks about experience he speaks only about the Time he had spent on the job.

N.J.S.Rajkumar alias narasimha (Expert)
19 May 2020

Experts do not speak about the Time taken for the Job but their Service would speak about their Job.

T. Kalaiselvan, Advocate (Expert)
19 May 2020

Since the mall manager has intimated that he cannot take any decision on this but he has to speak to higher authority on this who will sanction accord to withdraw the complaint on the basis of compromise or any other arrangement between you and the shop authorities, you may wait until you get a good decision from the mall manager through his higher officer.
If you want to hurry in this matter or you would like to get this matter disposed then you can directly contact the so called higher officer and look for a solution.
If that is not possible then you can engage a willing counsel to take up the matter on your behalf on his or her terms.

T. Kalaiselvan, Advocate (Expert)
19 May 2020

Alternately you can contact the few advocates referred by our learned advocate Mr. NJS Rajkumar, or any other advocate of your choice either from this forum who hail from that place or any advocate in the local.
Even the shop owner at the mall would suggest you some better ideas hence you may also have him under your confidence.


amit (Querist)
19 May 2020

@ THANK YOU N.J.S. RAJKUMAR SIR FOR YOUR REPLY

amit (Querist)
19 May 2020

@ THANKYOU T. KALAISELVAN SIR FOR YOUR REPLY

T. Kalaiselvan, Advocate (Expert)
19 May 2020

Amit,
you are welcome for your appreciations



Guest (Expert)
19 May 2020

I suppose, you have got enough sweet pills, but not the answer, what you actually want. Is not it correct?

By the way, in which city and state, your friend lives, who has been charged?
Also, how he could know that he was booked u/s 380?
Also, has he been arrested under on account of the charge or not and what is the present status?

amit (Querist)
19 May 2020

Dhingra P.S. SIR we have certified copy of all papers
so we know there is 380 IPC written in FIR
city is in rajasthan 180 km FROM NOIDA
he got jail & bail
case is in investigation stage



Guest (Expert)
20 May 2020

Dear Amit,
I find a very strange reply from you to my query. Yours is quite an evasive reply, as if you have some hypothetical problem, not the real one..

You may be an expert in cyber media and can find distance from Noida to your friend's city, but can you state, where I asked you about the distance from the place of your friend to Noida? I asked the name of the city to which your friend belonged.There can be 10-20 places at a distance of 180 KM from Noida. So, how can I guess to which city your friend belons to? Mind it, I have not asked for his address.

However, by this smart type of answer about distance, you have given me a chance for one more question for clarification to be provided by you.

So, can you state, how the Manager of Dmart could come to know the name and address of your friend?

OK, if you have certified copies of all papers, but can you state from which source you could get those and by adopting which process?

Also, can you state on which date the case was registered against your friend and for how many days your friend was kept in jail by whose order?

Rajendra K Goyal (Expert)
20 May 2020

There is number of good Advocates in Jaipur to advice / give professional help in criminal proceedings.
All Advocates may not be interested to help personally in compromise by approaching complainant, they may take such step against their ethics. They may advice how to proceed / what can be done / what are the points on which can be agreed within framework of law.

Lockdown has been relaxed in some area; the well-wishers of accused can try if there exist any scope of compromise.



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