Deepthisudan (housewife) 11 July 2017

Monitory Compensation from Accused

Dear Experts, Kindly confirm whether the Complainant can claim monitory compensation from the Accused for his offences u/s. 120(B),406/417/420/468/469 & 506(ii) rw 109 for going in for compromise , Because of accused criminal activities & filing a false civil case (Permanent Injunction case) against the Complainant , heavy expenses was incurred by the Complainant. Now the accused wants withdrawal of the criminal case against him. Civil case was closed as Plaintiff (Accused) not attended while Criminal case is under trial stage. Can the complainant claim monitory compensation from the accused before applying for Compromise Application in JM Court & whether claiming of monitory compensation is legal? Thanks in advance & Regards, Deepthi.

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Raveena Kataria (Advocate ) 11 July 2017

Yes, in fact, compensation would be your minimum right in turn for the compromise between you and the accused. The accused will be required to make an application for plea bargaining (u/s 265B of CrPC.)

The court, after examining the accused, shall issue notices to you, the accused person, the police officer who investigated the case, and the public prosecutor so that the two of you are able to work out a 'satisfactory disposition' on mutual basis (in which you can decide the amount of monetary compensation;) u/s 265C. The Court shall award you the compensation u/s 265E as per the compensation mentioned in the report of the disposition that took place, and accordingly, shall release the accused on probation or reduce his sentence.

I'd however advise you to take the help of any advocate for smoother proceedings.