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anoop (student)     12 May 2012

Discharge of accused b4 framing charge

can an  accused b discharged b4 framing charge under s227 crpc or 239 crpc for commiting crime u/s 307 ipc?

whats d   procedure if complainant too is ready to cooperate/



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 9 Replies

Kshiteej Anokar (Advocate)     13 May 2012

it can be legaly compounded 09422177689 or adv.ksh*teej@rediffmail.com


(Guest)

@ Anoop- The remedy lies in executing a settlement deed, and moving the HC for quash.

@ Ksh*teej- Since when has 307 IPC been made compoundable?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 May 2012

Yes certainly if the charge against him appears to be groundless and on a perusal of chargesheet it is apparent that he has committed no offence the COS is free to discharge him, if the complainant agrees - you can move HC u/s 482 as advised above. 

N.K.Assumi (Advocate)     13 May 2012

Question is, it is non compoundable with or without the permission of the Court, that aspectis clear: if there is ground to believe that the accused committed the offence can the party settled the matter by ecuting deed of settlement and present before the Trial Court or the high court under 482 to compund the case that is non compoundable? If there is ground to believe that thae accused committed the offence, I dont think the Magistrate, under 227-229 or the High court in exercise of power under 484 quash the case. As any agreement that is contrary to law is void and consent of the party can not cured that defect.

anoop (student)     13 May 2012

thank u all for reply

.bt i wud like to add dt complainant is cooperating in a sense he has falsely tkn name of d accused and is ready to gv affidavit dt his name is taken by mistake out of 10 accused. in dt regard plz provide procedure under s227 or concerned procedure..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 May 2012

Discharge happens on legal grounds only.

 

Theoratically it is possible.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

N.K.Assumi (Advocate)     14 May 2012

If the case is false the Magistrate can discharge the accused at the cost of facing malicious Prosecution of the complainant.

Seetharamreddy Kancharla (Student)     30 May 2012

If the accused faced the false allegations and magestrate founds that there is no primae facie and there are no grounds against the accused then the counsedl file the discharge U/S 239, 245 and 227 CrPC respectively where trial runs.The same time the complainant will face the malicous prosection not only on petetioner but also on Staiton house Officer as well.

anoop (student)     06 June 2012

ya,after research, i came to d last mentioned conclusion..ie..discharge application u/s 227 or 245 crpc or quashing of fir in HC.........

thanks fr valuable suggestions..............


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