Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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NIRANJAN SODARI   17 May 2018

How to compromise

in the I.p.c.498A and DP act section 3&4 how to compromise the those act what is the procedure of compromise


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 7 Replies

Adv.Balachander Reddy (High Court Advocate IPR Attorney and RTI Activist)     17 May 2018

File an affidavit.

NIRANJAN SODARI   17 May 2018

who is file the affidavit accused or complaint

Adv.Balachander Reddy (High Court Advocate IPR Attorney and RTI Activist)     17 May 2018

Both need to file..

TGK REDDI   17 May 2018

In my poor opinion, compromise is not allowed.       The proper remedy is withdrawal of the complaints.

Adv Deepak Joshi +917017821512 (Advocate)     17 May 2018

Depend upon stage of cases. Feel free to cal for any help at 9456777600

Rahul kandharkar (Freelance Editor Legal Consultant Author.)     18 May 2018

You can file Quash Petition do not compromise:

Ruchi Agarwal vs Amit Kumar Agrawal & Others

Bench: N Hegde, S.B.Sinha - Case No.: Appeal (crl.) 1274 of 2004 - 05/11/2004

Judgment:

(Arising out of SLP(Crl.)No. 3769 of 2003)

SANTOSH HEGDE,J.

By the impugned order, the High Court of Uttaranchal quashed a criminal complaint filed by the appellant against the respondents. The complaint was made by the appellant alleging offences under sections 498A, 323 and 506 IPC, and Sections 3 and 4 of the Dowry Prohibition Act. The High Court by the impugned judgment came to the conclusion that the alleged offences having taken place within the jurisdiction of Ram Nagar Police Station of Bilaspur district, the court at Rampur district did not have the territorial jurisdiction to entertain a complaint, hence, while quashing the chargesheet and the summoning order of the Chief Judicial Magistrate, Nainital, transferred the investigation of the case to Police Station Bilaspur, district Rampur.

 It is true that she had made a complaint in writing to the Family Court where Section 125 Cr.P.C. proceedings were pending that the compromise deed was filed under coercion but she withdrew the same and gave a statement before the said court affirming the terms of the compromise which statement was recorded by the Family Court and the proceedings were dropped and a divorce was obtained. Therefore, we are of the opinion that the appellant having received the relief she wanted without contest on the basis of the terms of the compromise, we cannot now accept the argument of the learned counsel for the appellant. In our opinion, the conduct of the appellant indicates that the criminal complaint from which this appeal arises was filed by the wife only to harass the respondents.

In view of the above said subsequent events and the conduct of the appellant, it would be an abuse of the process of the court if the criminal proceedings from which this appeal arises is allowed to continue. Therefore, we are of the considered opinion to do complete justice, we should while dismissing this appeal also quash proceedings arising from the Criminal Case No.Cr.No.224/2003 registered in Police Station, Bilaspur, (Distt.Rampur) filed under Sections 498A, 323 and 506 IPC and under Sections 3 and 4 of the Dowry Prohibition Act against the respondents herein. It is ordered accordingly. The appeal is disposed of.

 

 

1 Like

TGK REDDI   18 May 2018

I don't think the above-cited judgment is of any consequence.

Where's the question of quash when the parties are willing?      Withdrawal is easy.


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