Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rahul iyer (marketing ceo)     08 January 2014

Need advice urgently!! thank you.

Respected sir/madam,

Recently one of my friend was trapped and falsely accused of cheating under IPC 420 and under prize chit and money circulation act. He's into a reputed direct selling companies. Its completely legal. Due to some negative competitors or perhaps a anonymous person anonymously alarmed police. So upon enquiry by the police they could not find anything wrong in the system. So they forcibly turned one of the company associate itself as the complainant and filed a FIR under section 420 saying the complainant had not received his deserved cheque duely for selling and that my friend had cheated him in this aspect.

But in line with company policies after a week the complainant received his cheque. Now the situation is that the cheque on which the case stands, the complainant has already received it and hes ready to co-operate with us being on our side. And It would take a month for the charge sheet to be filed. As of now i have heard of options like quashing and compromise/compounding. I dont have much knowledge about these options as well. Please enlighten me with more about these options or any other option pertaining to this case.

I WOULD BE GRATEFUL TO THE PEOPLE HERE WHO WOULD GIVE ME THEIR VALUABLE AND GENUINE ADVICE. THANK YOU.  



Learning

 5 Replies

Dr J C Vashista (Advocate)     08 January 2014

Request your lawyer to move petition for quashing of FIR

1 Like

Rahul iyer (marketing ceo)     08 January 2014

Sir should we move the petition before chargesheet? because some lawyers here are saying high court would require investigation report and that they would reject it until chargesheet is prepared. So lawyers told us to file petition after chargesheet. Is this appropriate?

ashoksrivastava (scientist)     08 January 2014

Originally posted by : Rahul iyer


Sir should we move the petition before chargesheet? because some lawyers here are saying high court would require investigation report and that they would reject it until chargesheet is prepared. So lawyers told us to file petition after chargesheet. Is this appropriate?

@ querist best option is out of court settlement for compounding . If this can't be done then quashing is normally entertained only after chargesheet is filed.

regards ASHOK

1 Like

Rahul iyer (marketing ceo)     08 January 2014

Thank you Mr.Ashok, i appreciate your suggestion. I am completely unaware of the law procedures.

Please elaborate how this settlement can be done.

Biswanath Roy (Advocate)     08 January 2014

Why settlement ?  Why Compromise ? What for ? Simply you direct your creditor to make an Affidavit before a first class Magistrate that he received the entier money from  M.r............................ relating to FIR LODGED BY HIM ERRONEOUSLY WHICH IS BEING WITHDRAWN FORTHWITH BY THIS AFFIDAVIT......


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