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Vikas Nagwan (Legal Consultant)     25 March 2011

Case of 307, 325 in an interesting situation

Today one of my friend called me and he wanted my advice. I could not do it so i want to ask you guys.

 

The situation is this: Two parties A and B had a quarrel in which both side got hurt. Police registered cross FIRs on the behest of the parties. The charges would be 307 (attempt to murder) and 325 (grevious hurt) in both the FIRs. Now Both A and B wants to resolve their differences themselves.

Is there a way to make the police stop the investigation because i see it very unlikely for HC to interfere..

What should i suggest my friend...



 5 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     25 March 2011

contect to I .O. of the case, file affidevit of witnesses from both side take some extra pain to settle that matter!

Sarvesh Kumar Sharma Advocate (Advocacy)     25 March 2011

contect to I .O. of the case, file affidevit of witnesses from both side take some extra pain to settle that matter!

Jolly James 9447287658 (Advocate)     25 March 2011

The alleged offence under section 307 is not compoundable as per section 320 of Cr.p.c.  If you are giving your own witness as eye witnesses they can turn hostile at the time of Trial. It is impossible to settle the matter even by filing affidavit. Only way is that if the investigating officer support you he can refer the matter as mistake of fact or false.

Vikas Nagwan (Legal Consultant)     25 March 2011

it certainly is complicated.. offence is not compoundable... a mistake of fact is the only option here....... i hope investigating officer doesn't become greedy...n i really appreciate your help...thank you

Adv. Kareem Khan (Advocate bombay high court)     26 March 2011

friend,

           though the said offences are noncompoundable but the high court has inherent power u/s 482 to quash the FIR on the ground of settlement further  it is not required to speak to IO so far as settlement is concerned.

you can refer bombay high courts judgment in which s.307 was quashed by Justice A.V. Potdar, Aurangabad Bench Dr. Shaheen case 2010 on settlement and various other supreme court judgment wherein court has quashed 307 after conviction.

therefore no need of mentioning of mistake of fact / or to approach the IO, lets keep hope ... bcoz where there is hope there is way.....


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