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Arun Agrawal (Business Consultant)     16 July 2011

Quashing/Compounding of Criminal Cases by District Courts

I would like to enquire if  in case of  offences u/s 420, 467, 469, 47I etc the trying M.M. can discharge the accused based on affidavit submitted by the complainaint that he has settled all the disputes amicably and that he does not wish to proceed further .  Whether the appearance of the complainaint to tender evidence before the Court to this effect or the Court can proceed to finish the case/discharge the accused based on affidavits submitted before him .



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 13 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 July 2011

mere filing of an affidavit does not suffice, evidence must go on.


(Guest)

Offences referred are non compondable . It is also not clear whether charges were framed or the case is listed for hearing on charge . If charges are not yet formed the abscence of complainant may serve the purpose.

Arun Agrawal (Business Consultant)     16 July 2011

Charges have been framed . Can the High Court of Allahabad be approached to quash the proceedings in view of settlement/submissiuon of affidavits by the complainaints u/s 482 CrPC  at this stage ? The complainaints are not appearing before the Court despite issue of summons/bailable warrants .


(Guest)

Court has power to close the evidence and may pronounce judgment of acquttal for want of evidence . It is too early to approach High Court.

Arun Agrawal (Business Consultant)     18 July 2011

Thanks , but can you please tell me under whichspecific section/s of CrPC this is permissible . Or else, any SC or Allahabad High Court authorities where the trial Court has powers to dispose off the cases/discharge the accused in State cases, if the complainaint has submitted affidavits confirming settlement of all disputes and his intention not to proceed further .

THANKACHAN V P (Advocate & Notary)     18 July 2011

1.I do not know when did the complainant file the affidavit before the court for settlement?. No provision in Crpc to file affidavit for a settling criminal case. Usually complainant and witnesses will be summoned by the court only after framing of charges.

2.Here, only 420 is compoundable other provisions are non compoundable . So complainant and eye witnesses have to be examined and they should   turn hostile.Then only the accused will be Aquitted.

3.The court will close the evidence only after complying all the formalities requring their presense. 

4.And in 482, HC usually do not entertain petition without the Vakalath on behalf of Defacto Complainant also. 

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     18 July 2011

Most of the people suggest quesh under 482 from HC but it is not allowed unless real illegality on face of record.

Non compounable offense can not be dismissed for that there are other simple ways.

Arun Agrawal (Business Consultant)     18 July 2011

Thanks. Kindly  inform about simple ways to get non compoundable offences dismissed .

Arun Agrawal (Business Consultant)     01 August 2011

I wish to thank all the ld Advocates who have responded to my query .


After consulting with a number of advocates practising at the Allahabad High Court, the result is as follows:

That a petition u/s 482 CrPC can be filed before the High Court  without any need for the (defacto) complainaint to file any Vakalatnama/affidavit . If the Court is convinced, it will stay the proceedings and issue notice to the State/complainaint .


At the trial court level, the complainaint/witnesses must appear ( in my case they are not appearing ) and tender evidence . If they will not appear, the Court weill use coercive measures  . In my case bailable warrants Rs 10,000 have been issued, and if they will still evade summons/ BWs, the Court will issue NBWs to secure their presence.

Finally, there are no simple solutions , as has been indicated by one of the answering advs here .

 

 

 

 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 August 2011

You have not recieved proper inputs about working of  HC and particularly allahabad HC.

THANKACHAN V P (Advocate & Notary)     01 August 2011

Dear Arun Agarval ,

Vakalathnamina is not required for filing petition under 482 for quashing the proceedings . But if it is filed to compound the  case by exercising the extra ordinary jurisdiction of the HC, then Vakalathnama of the defacto compliant is required.Otherwise how the HC knows that the case is settled between the parties?. This is the practice following Kerala HC.

Arun Agrawal (Business Consultant)     02 August 2011

As I have been advised, based on documernts submitted and submissions  made  by the lawyer , the HC can stay the proceedings   and issue notice to the State/complainaint  to file their rejoinders/affidavits within a specified period, normally four to six weeks ..

Kshiteej Anokar (Advocate)     08 May 2012

if main offences are coumpoundable then all others could be valiedly compounded and even 307 of ipc could be compounded

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