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Harry (SERVICE)     20 September 2014

498a compromised_need help how to end the case

I have a query and need some suggestion on this. Me and my family [my elder brother, father and mother] convicted for false 498A and 406. We have challenged that order to the District court and it is still pending. In the mean time both the parties we have decided for mutual settlement.

hey have signed an agreement stating that they have received all sthreedhan in good condition and they do not want to pursue this case any more. Primary complainant signed an affidavit and compromise petition filed by both the parties in District Court.

Another petition for 391 submitted in the court which is allowed by the Dist and addl session judge for recalling witness. On oath both the witness primary complainant and her father admitted they do not want to pursue this case any more. PP on behalf of State also gives us no objection on this compromise. Still dist judge did not pass any order to settle the case or give any direction to lower court to dismiss this case.

In order sheet it mentioned as on oath complainant says she does not want to continue this case. It is being mutually settled. Next date of argument XXXXX

My question is how we can move forward to finish this case?



Learning

 5 Replies

Ashok, Advocate (Lawyer at Delhi)     20 September 2014

I think the Sessions Court may not be in a position to help you since the offence under Section 498-A IPC is not compoundable under Section 320 of Cr.P.C. You may have to move the High Court under Section 482 Cr.P.C. for quashing the case if both the parties have compromised.

1 Like

Sudhir Kumar, Advocate (Advocate)     21 September 2014

agreed with Mr Aggarwal          

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 September 2014

Dear Querist

if there is no FIR then only the session court is able to settled the matter otherwise not.

if there is any FIR then you have to filed a Quashing Petition before High Court under Article 226 of Constitution of India read with section 482 of Cr.P.C

1 Like

Harry (SERVICE)     22 September 2014

No there was no FIR  its a C1 case.  I think I have to approach HIGH Court. Still I have one doubt can high court denied that although both the parties compromised.

Rahul Kapoor (Legal Enthusiast)     23 September 2014

hello,

you can move under section 482 of crpc.

refer to the judgement of Gian Singh VS state of punjab 

(2012) 10 SCC 303

it will be of immense help.

 

 

regards-

rahul.gogreen@gmail.com


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