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Just begun (Student)     03 March 2012

Process to withdraw criminal case

Dear Sir,

A criminal case has been filed against my friend for kidnap of a girl.The case has been framed since both the persons were staying together for a year and finally when the girls parent came to know they took the girl and later the girl took a u turn.

Court forward has been done for the guy and he is kept behind bars.If we go for a compromise what is the process of withdrawing the case .Chargesheet for the case has not been submitted by the police.Its  a 4 day old case.

Please help.



Learning

 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 March 2012

Querist,

What do you mean by compromise ?. It's apparent that the case is just a counter-blast. However since the girl is a minor court would be a little strict. However approaching the HIgh Court u/s 482 for quashing of the FIR may be your thing

Just begun (Student)     03 March 2012

Hi Bharat, The other party is ready for compromise,here in this case the girl is not minor.Boy is aged 26 and girl is aged 28.

Since there is no chargesheet submitted  ,if the girls party think of withdrawing cant anything be done.

Plz advice

Sanjeev (Lawyer)     03 March 2012

the police can submit a closure report basis the statements by the complainant and matter can be closed but since the boy is behind bars so it will be prudent ifyou approach the high court for quashing abd basis the settlement get the case quashed and case would close once for all

Just begun (Student)     03 March 2012

Thanks Sanjeev for giving me atleast a way out to approach.

Since the fir has lodged the police has forwarded it to court and bail has not yet been done for the guy.

As the way you suggested ,if we get the bail of the guy and   police send s a closure report after compromise it can be sorted out.Correct me if Im wrong.

Waiting for your confirmation.

Thnks and Regards

Arvind Singh Chauhan (advocate)     03 March 2012

It is discretion of police to arrest the accused or not. If Police is ready to cooperate accused in such situataion IO can directly submit closure report without arresting, That during investigation he found such facts.

 

Sending FIR in court is a mandatory procedure to be followed by police after registering it, and it has no concern with arresting or bail.


Unnecessarily surrendering before court and to ask bail may cause trouble to accused, as there are grevious sections.


Another option is 482 as suggested by Mr. Bharat.

Jatin Sapra 9312223345,Delhi (Advocate)     05 March 2012

Hello,

Only way you have is writ petition under 226 of constitution of India for quashing of FIR on the basis of settlement arrived between the parties since the offence in non compoundable.

I say that 482 Cr.P.C is not maintainable since no matter is pending before the court below or chrgesheet has not been filed yet. Feel free to contact

Regards:


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