Dear Sir/Madam,
Case Background:
There is a case pending with the Magistrate court, about IPC 498-A. The case was chargesheeted and filed in the court, but the trial did not start nor committed yet. The complaint was filed against five people, with A1 being the husband. There is a pending NBW against A1.
The girl submitted an affidavit for compounding of the offense, with signatures from A2-A4. A1 is currently abroad and has been so since the registration of the FIR.
Can you please advise:
- If the compounding of the offense can be performed with the magistrate court, without A1 being present?
- If yes/no, any elaboration (or cross reference to previous judgments or existing sections) is gratefully appreciated.
- And, are there any provisions/extra steps that can be performed to complete the compounding with the above status of the case?
Thank you for your time and help.
Sincerely,
Whiz
p.s: Please note that, I read the previous comments on another thread, and as Mr. Shonee mentioned "The presence of accused is must generally, but court can exempt from personal appearance on exceptional grounds."
https://www.lawyersclubindia.com/forum/details.asp?mod_id=46228&offset=2
Please suggest if you know any references/cases that can be quoted for the exemption.
