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G.Nagarajeshwar Rao (Advocate)     09 October 2011

Whether case can be compromised against one accused?

Dear friends & Honoured experts! Whether the defacto complainant can compromise agaisnt one accused leaving other accused in the compoundable cases? If permissible kindly provide case law...  



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 11 Replies

Ravikant Soni (LAWYER IN JAIPUR)     10 October 2011

Yes there is no bar to compound one person leaving other. But offence must be coumpoundable.

1 Like

mamta kaura wadehra (lawyer)     10 October 2011

kindly refer the case law

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 October 2011

It routinely happens.

 

Which Section the case is filed in

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

G.Nagarajeshwar Rao (Advocate)     10 October 2011

Dear Ravi! If any case law is there kindly provide me.. I have filed a private complaint against two accused and reffered to the police station. But the police managed by one accused and they deleted him from the case. There after I have filed protest petition and the case is numbered as separate case. So there are two separate calender cases [C.C.] in the above case, one is police case antoher is private complaint on protest petition. The offence is 338 of I.P.C., The accused charged by the police is own brother of the defacto complanant. Therefore the defacto complainat is intending to compromise against him. But she is intending to proceed the case with another accused. But the magistrate is pressurising her to compromise in another case also. But she does not want to compromise against the other person. In these circumstances I need a citation.  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 October 2011

:-)

 

the case can not run as per the whims and fancies of the complainant.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

G.Nagarajeshwar Rao (Advocate)     11 October 2011

Mr. Shonee Kapoor! Technically your answer is wrong there is a citation, but the same is not tracing out timely... I am searching for it... in compoundable cases complainant can withdraw against the case one accused... I am searching for citation... 

Dr.Sidharth Arora (Advocate)     13 October 2011

No ........it can't be compounded.lets see it in hindsight..if the complaint was against 2 persons..it means that jointly the offence was committed by both of them....however it also implies that each of them individually were part of the crime.......so if one has compounded does not imply the other one cant be proceeded against................

 

DrSidharth Aurora

Advocate

9717315444

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 October 2011

Ld. Mr. Rao,

 

If you see my previous reply, I have told that it can be compounded against one accused.

 

My remark about whims was about the supplimentary query.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Ravikant Soni (LAWYER IN JAIPUR)     15 October 2011

If we go with the view of Dr Arora then in a joint trial of two or more accused, one out of them found guilty, then other must not be released as acquetted?? 

 

Dr.Sidharth Arora (Advocate)     15 October 2011

I am sorry Mr.Soni ,I somehow don't realize how you got to infer what you have from my reply.I will clarify more for youMy reply says.if a trial is going on against 2 or more accused  then it is not only a joint offence but also individuals taking part in the crime.I f after appreciation of all evidences....the court comes to the view that only one of them actually committed the crime with no inculpatory evidence against the other...............the court will convict one and acquit other..............Similarly in a compoundable offence the victim may compound against one and let the other one face the trial.....Theres no bar.............

I hope my point is well received

 

 

DrSidharth Aurora

Advocate

9717315444

Dr.Sidharth Arora (Advocate)     15 October 2011

On hindsight I do realise my choice of words in the earlier post is kind of confusing.................I hope my stand is appreciated:)


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