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Mani Kumar   18 January 2020

Related G R case

ek admi , par fir hai,ki usne 2 years adhik job kiya, aur service book return nahi kiya , paisa leta raha, sec 420 laga hai, ab department ne ise admi se paisa sab le liya and 5 percent punishment v de diya, kya ye case quash hoga


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 3 Replies

Real Soul.... (LEGAL)     19 January 2020

The department has recovered the dues from the person ,but his offence of cheating shall be decided by court.

P. Venu (Advocate)     20 January 2020

The facts posted are less than convincing.

T. Kalaiselvan, Advocate (Advocate)     28 January 2020

Instead of taking steps for quashing if the department files a petition for compounding the offence, the case can be compounded in the court once the charge sheet is filed.

Because quashing the FIR before high court is a long process hence this can be disposed by trail court  by the defacto complainant filing a petition under section 320 cr.p.c. seeking to compound the offence.

Apex court held that Offence under Section 420 of the IPC is compoundable with the permission of the court by the person who is cheated. ... that in view of the settlement, offence may be permitted to be compounded.

 


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