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BALAJI   11 April 2016

498a compromise

My wife filed 498a on  7 members of my relatives (including one distant relative). We (all 7 accused ) compromised with her and signed a compromise petition and so the case was referred to LokAdalat. 90 days observation period is over. Now the distant relative (who is one of the accused) is not cooperating for closing the case due to few personal reasons.

Please let us know what can be done? Is it possible that can we get the case closed on the rest of the 6 members. Kindly help me here.

 

 



Learning

 16 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 April 2016

I have already suggested not to compromise with any criminal cases like 498A.

These are non-compoundable hence she can’t withdraw.

Please apply for speedy trial.

 

Please check my profile for sample petitions and other clues.

Pawan S (06292021602) (Advocate)     12 April 2016

Though offence punishable under Section 498A of the IPC is not compoundable, in appropriate cases, if the parties are willing and if it appears to the criminal court that there exists elements of settlement, it should direct the parties to explore the possibility of settlement through mediation.

1 Like

honestlitigant   12 April 2016

Case u/s 498A of IPC is compoundable in AP/Telangana. But, it is a serious offence. So, acquittal by quash or trial should be legally better than 'settlement'. From viewpoint of justice, is it proper to leave an offender, if real, unpunished just because he is ready to 'settle'? 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 April 2016

I say, acquittal by speedy trial and perjury (not by quash) is legally better.


(Guest)
Aquital or punishment is at the disrcition of court...if after speedy trial you get conviction what gonna u do..??? Private message me if you need advise
1 Like

(Guest)
Aquital or punishment is at the disrcition of court...if after speedy trial you get conviction what gonna u do..??? Private message me if you need advise

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 April 2016

Originally posted by : SHIVAM
Aquital or punishment is at the disrcition of court...if after speedy trial you get conviction what gonna u do..??? Private message me if you need advise

 

@ Mr. Shivam,

 

Please never try to afraid innocents to continue 498A business.

Are you meaning that 498A are filed for compromising and extortion?

No justice for 498A?

 

If the quest is innocent then none can punish him, more over burden to prove all allegations lies on prosecution.

 

Are you meaning that if he don’t compromise then he will be convicted by cheating????

Sidharth   14 April 2016

Originally posted by : SHIVAM
Aquital or punishment is at the disrcition of court...if after speedy trial you get conviction what gonna u do..??? Private message me if you need advise

Stop hunting clients. 

 

1 Like

Sidharth   14 April 2016

Originally posted by : SHIVAM
Aquital or punishment is at the disrcition of court...if after speedy trial you get conviction what gonna u do..??? Private message me if you need advise

Stop hunting clients. 

 

Sarmmarmbb (goi)     14 April 2016

well said rocky smith ji and mr. siddharth.......

Thanks for encouraging the innocents

 

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 April 2016

Originally posted by : Sarmmarmbb
well said rocky smith ji and mr. siddharth.......

Thanks for encouraging the innocents

 

 

Thanks for your comments.

My comments are not for encouraging.

These guidelines are for surviving from impugned unconstitutional laws on innocent Indian citizens by Indian Government and inherent corruption out of it.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

Originally posted by : Rocky Smith



Originally posted by : SHIVAM



Aquital or punishment is at the disrcition of court...if after speedy trial you get conviction what gonna u do..??? Private message me if you need advise





 

@ Mr. Shivam,

 

Please never try to afraid innocents to continue 498A business.

Are you meaning that 498A are filed for compromising and extortion?

No justice for 498A?

 

If the quest is innocent then none can punish him, more over burden to prove all allegations lies on prosecution.

 

Are you meaning that if he don’t compromise then he will be convicted by cheating????

who can promise him that he will certainly be acquitted and his family will never face harassment during trial. If he has right of speedy trial that doe snot mean that he should certainly opt to be tried and run the risk of conviction and certainty of harassment.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

dear querist, the god is kind upon you and yoru wife tht better sence has prevailed upon you. You have probably decided to settle apart or settle togather but peacefully.============ let the doors of kindless not be closed your query is limited as to how to have the other relative to come round to settlement. It should not be difficult for you to make him understand that 2+2=4. If he decides to suffer then let him go ahead with the suggestions like, speedy trial, appearing in person etc etc etc. You make an application for quash on the basis of settlement.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 April 2016

Originally posted by : Sudhir Kumar


Originally posted by : Rocky Smith



Originally posted by : SHIVAM Aquital or punishment is at the disrcition of court...if after speedy trial you get conviction what gonna u do..??? Private message me if you need advise  @ Mr. Shivam, Please never try to afraid innocents to continue 498A business.Are you meaning that 498A are filed for compromising and extortion?No justice for 498A? If the quest is innocent then none can punish him, more over burden to prove all allegations lies on prosecution. Are you meaning that if he don’t compromise then he will be convicted by cheating????






who can promise him that he will certainly be acquitted and his family will never face harassment during trial.

If he has right of speedy trial that doe snot mean that he should certainly opt to be tried and run the risk of conviction and certainty of harassment.
 

I would like to say everybody should ask himself first, whether he had committed any crime or not.

If not, then he is innocent. The court can’t convict any innocent.

 

Nobody can tell lie at least with his own.

 

The real power comes from truth. smiley


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