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pharma professional (owner)     28 September 2013

Out of court settlement in ipc 420,405/406, 415,120b

Three months back, FIR was lodged against me by my ex-employer, under IPC 405/406, 420, 415,34 and 120B. I have taken as anticipatory bail.Two weeks ago, we reached to an out of court settlement and my ex-employer issued a written statement with Police, saying he would not pursue the case further and will not contest any closure reports if Police files in the court.

 

Case is still under investigation and no charge sheet is filed. Police is not cooperating in filing B summary report even after complainant issuing a case withdrawal statement(police is expecting bribe I believe).

What should I do now?? Should I move to High court to quash the FIR on account of compounding? or should I wait till police files a charge sheet and sort out in the lower court? complainant will not pursue the case and all prosecution witness will turn hostile for sure. 

 

Pls advice.



Learning

 4 Replies

adv.raghavan (Advocate,9444674980)     29 September 2013

yes u can move high court and ask for quashing of FIR, the defacto complaint should be a party to it. there is a chance it can work out, but to my knowledge any offence against the society will prevail,it is upto the court to take a call.

T. Kalaiselvan, Advocate (Advocate)     29 September 2013

Adv. Raghavan is right, you can approach High court for quashing the FIR with the documentary proof and also with a statement and an affidavit by your employer.

Adv. Neha ( )     29 September 2013

get the FIR quash from the Hon'ble High Court.

Ad Amjad Ali (Advocate )     19 October 2013

In my opinion you should follow wait and watch policy, If complainant denied his complaint, case will be rejected on merit basis. 


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