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Abdulkareem m abdulla   20 October 2021

Settlement

is it possible to settle the matter outside the court amicably,when the matter already reached the court?


 7 Replies

minakshi bindhani   21 October 2021

As per your concerns!
Your facts are not quite clear. So I am unable to provide you with adequate advice.

Not every offence is compoundable or amicably settle outside without the leave of the court, the list provided under section 320 of the Criminal Procedure Code, 1973. offences can be compounded and the person by whom offence may be compounded.

Hope it helps
Regards
Minakshi Bindhani

Anusha Singh   21 October 2021

As per your query it is understood that you need information regarding the settlement of the dispute outside the Court.

Criminal cases which are mostly concerned with private wrong can be settled out of court. These categories of offences are termed as compoundable offences. Therefore, only compoundable offences can be settled out of court.

The list of the criminal cases which can be settled out of court is listed below.

Offence                                                                    IPC                                                                Can be settled with

Uttering words, etc., with deliberate intent to wound the religious feelings of any person- IPC 298 - The person whose religious feelings are intended to be wounded.

Voluntarily causing hurt.- IPC Section 323- The person to whom the hurt is caused

Voluntarily causing hurt on provocation- IPC Section 334- Same as above

Voluntarily causing grievous hurt on grave and sudden provocation- IPC Section 335- Same as above

Wrongfully restraining or confining any person- IPC Section 341- The person restrained or confined.

Wrongfully confining a person for three days or more- IPC Section 343- Same as above

Wrongfully confining a person for ten days or more- IPC Section 344- Same as above

Wrongfully confining a person in secret- IPC Section 346- Same as above

Assault or use of criminal force- IPC Sections 352,355,358- The person assaulted or to whom criminal force is used.

Theft- IPC Section 379- The owner of the property stolen.

Dishonest misappropriation of property- IPC Section 403- The owner of the property misappropriated.

Criminal breach of trust by a carrier, wharfinger- IPC Section 407- The owner of the property in respect of which the breach of trust has been committed

Dishonestly receiving stolen property knowing it to be stolen- IPC Section 411- The owner of the property stolen.

Assisting in the concealment or disposal of stolen property, knowing it to be stolen- IPC Section 414- Same as above

Cheating- IPC Section 417- The person cheated.

Cheating by personation- IPC Section 419- Same as above

Fraudulent removal or concealment of property, etc., to prevent distribution among creditors.- IPC Section 421- The creditors who are affected thereby

Fraudulently preventing from being made available for his creditors a debt or demand due to the offender- IPC Section 422- Same as above. 

Fraudulent execution of deed of transfer containing false statement of consideration- IPC Section 423- The person affected thereby.

 

You can settle the issue outside the court through various modes. The most common types of ADRs are: Arbitration, Conciliation, Mediation, Neutral Evaluation.

Criminal cases are more complex than civil cases. In case of compoundable offences, court permission is not required. But when there is compromise between the parties or out of court settlement in non-compoundable offences, prior permission of court is required. Although court holds a discretionary power to cancel the settlement anytime.

Hope it helps!

 

Regards,

Anusha Singh

Adv Praveen Kumari (Advocate)     21 October 2021

If dispute be settled out of the court , you both the parties approach the high court and filled the quashing petition on ground of settlement . hope it would be helpful to you...For detailed query you can contact me.

G.L.N. Prasad (Retired employee.)     21 October 2021

Contact District Legal Services Authority and seek guidance from them, as they are more competent to explain you with more clarity when the case is in Court., without charging any amount.

Abdulkareem m abdulla   21 October 2021

thanks a lot to all

Shashi Dhara   21 October 2021

Civil or criminal if civil compromise in Lok adalat if not don't attend court it will be dismissed for default ,same in criminal also if no one is interested it will be dismissed.

P. Venu (Advocate)     29 October 2021

What is the nature of the case- civil or criminal? If the latter, what are the charges?


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