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Divya (nil)     20 August 2016

Record compromise before process is issued to accused

Respected Experts

A criminal complaint is filed u/s 420, 418 and 406 of ipc with magistrate. Investigation is ordered under 156(3). This is for a money recovery matter whr d complainant had also invoked arbitration.

Civil litigation of arbitration already withdrawn by Claimant of arbitration as mou was signed to withdraw all cases on certain conditions..

Now the complainant and arrayed accused have to close the criminal matter.
The process is not yet issued by the court, though police enquiries have happened..

How is the compromise to be recorded before criminal court.. Is this a mere withdrawal of complaint by turning hostile or a joint compromise has to be recorded before the court.. Or both

Please throw light herein as its a noncompunding offence.


Thankyou



Learning

 1 Replies

adv.bharat @ PUNE (Lawyer)     20 August 2016

No compromise recorded in court. U need to file application for settlement of disputes due to compromise between party. Main condition is both party must be mutually agreed for compromise.

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