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Ketan (Finance Consultant)     17 April 2014

Compromise in criminal cases

At the outset, my regards to all who are kind enough to spare their valuable time and effort to build this community and help the one's in need .

 

There was a small road side fight between me and a localite in bangalore and I have been charged against section 341, 323, 504.

Police is not taking my counter FIR and is saying that the case will be sent to Lok Adalat instead of court as the offences are compoundable, where both the parties can compromise. I am trying to reach the other party for a compromise in a common person's house.

In case, he agrees to compromise, what document should I get signed from him and witnesses so that he don't fall back on his committment in Lok Adalat .  If he agrees to compromise, is it even necessary to send the case to Lok Adalat. What in law stops a complainant from taking his FIR back in case of a compromise for compoundable criminal charges.

Kindly, help me. This is first time I am facing law and is totally unaware of proceedings here. Also, I would appreciate if some format of a compromise letter can be shared.

Regards,

Ketan



Learning

 2 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     17 April 2014

Sir, if both the parties are ready for compromise the matter, then you have to file Criminal application U/S. 482 of the criminal procedure code for quashing of FIR  and subsequent proceedings before the Hon'ble High Court.

There are many recent Judgement including Gian singh's case, the Supreme court has issued guidlines in respect of settlement/compromise in Criminal cases. Even offences u/s. 307 is also compromise if injuries are simple in nature.

So don't worry, settle the matter before the High court.

SeekAdvice India (NA)     17 April 2014

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