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SATISH (RM)     25 November 2011

Can i withdraw fir filed under ipc 279

DEAR EXPERTS,

I HAD FILED A FIR AGAINST ANOTHER PERSON UNDER IPC 279 & HE HAS FILED A FIR AGAINST ME UNDER IPC 279 & 337.

DUE TO LACK OF TIME ( AS THE CASE IS IN A TOWN 200 KM AWAY)  ,,

I WANT TO PAY THE FINE AGAINST THE COMPLAINT AGAINST ME &

 I WANT TO WITHDRAW MY COMPLAINT AGAINST HIM.

THE CASE AGAINST ME IS COMING UP FOR  HEARING IN JAN 2012.

PLS ADVISE



Learning

 6 Replies

M.Sheik Mohammed Ali (advocate)     25 November 2011

yes, both parties present before the court and give with affidavit with settlement deed then will release from the fir.

S.B.adil rahman (Legal Consultant )     25 November 2011

Section 278IPC is not compoundable. If you are fined by the court on pleading guilty then you will be a convicted person. However, the court can take a lenient view of the offence if both the parties appear before the court. But even if the other party does not appear this will not make any difference in the matter of penalty.

S.B.adil rahman (Legal Consultant )     25 November 2011

Originally posted by :S.B.adil rahman
"
Section 279 IPC is not compoundable. If you are fined by the court on pleading guilty then you will be a convicted person. However, the court can take a lenient view of the offence if both the parties appear before the court. But even if the other party does not appear this will not make any difference in the matter of penalty.
"

Nishith P Thakkar (lawyer)     26 November 2011

in compoundable offences it can be done by presneting affidavit in the court.

u can do so in this case . present affidavit with the details of settlelement.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 November 2011

Dear Satish

go for Plea barganing procedure and settle the matter.

Tarang Mathur (Software Eng)     01 March 2012

Hi Satish,

I am also stuck with the same thing. The place in my case is also 200 kms and I have not filed fir against the complainant.  So what are the side effects if I plead guilty.

Thanks in anticipation..


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