TANAJI JAMDADE (LAWYER) 09 October 2026

Criminal law

I have one querry regarding the accused bank account blocked by the police agency. The complaint lodged against the accused u/s 406 of IPC and his account blocked. the accused and the complainant dispute settled afterwards after lodging the complaint. The accused issued post dated cheques to the complainant and assured for the honour of the cheques. In spite of settlement the police authority not defreez the account.

then what is the remedy available to the accused for the de freez the account?

pls guide me.

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Quick Summary

If your bank account has been frozen by police under Section 406 of the IPC, but the dispute with the complainant has since been settled, you have legal recourse. The primary remedy is to apply to the Jurisdictional Magistrate under Section 451 or 457 CrPC (or equivalent BNSS sections) to have the account unfrozen, providing proof of settlement and any post-dated cheques. If the police do not act, or if a complaint case was filed without police authority to freeze the account, you can approach the High Court via a writ petition or Section 482 CrPC.

4 Replies

Combo Legal Consultancy 10 October 2026

After a settlement, the police cannot indefinitely freeze the account. The primary remedy is to file an application before the Jurisdictional Magistrate under Section 451 or 457 CrPC (Section 497/503 of BNSS) seeking an order to defreeze the account, relying on the settlement and the post-dated cheques as proof that the dispute is resolved. Courts have consistently held that once the matter is settled, continued freezing is unnecessary; the Kerala High Court in Vinod P J v State of Kerala lifted the freeze after the FIR was quashed on compromise. If the police refuse to act, you may also file a writ petition under Article 226 or a petition under Section 482 CrPC before the High Court, as the Calcutta High Court did in a similar 406 IPC case, vacating the debit freeze after settlement. A written representation to the Investigating Officer with the settlement agreement is the first step.

1 Like

Dr. J C Vashista (Advocate ) 12 October 2026

In a complaint case u/s 406 IPC police has no authority to freeze accounts of accused, please correct me if otherwise.

Besides this, the settlement can be produced before Trial Court, if trail has commenced after charging the accusedu/s 406 IPC.

P. Venu (Advocate) 14 October 2026

Yes, it is unconvincing that, in the given facts, the police has freezed the Bank account.

What is the Case No.? which Court?

T. Kalaiselvan, Advocate (Advocate) 15 October 2026

When a bank account is frozen during an investigation under Section 406 of the Indian Penal Code (IPC) / Section 316 of the Bharatiya Nyaya Sanhita (BNS), police authorities usually freeze it under Section 102 of the CrPC / Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Get a written "No Objection Certificate" (NOC) or joint compromise affidavit signed by the complainant detailing the cheque arrangement.

File an application under Section 457 CrPC / 503 BNSS before the jurisdictional Magistrate Court as the fastest judicial remedy.

Alternatively, approach the High Court under Section 482 CrPC / 528 BNSS to quash the FIR entirely and obtain an unfreezing order.