• Want guidance on 420/34 case to reduce the punishment for fine

It is the case of 420/34, my student found wallet and credit cards on road , then he purchased mobile from that credit card.(420/34) . He was 19 years old at that time. Now he is MBA and doing CA, and apologising and ashamed. Now trial is going on, Can we plead to honorable judge to reduce punishment and take only fine. 
The petitioner (the owner of credit card) is also ready to give "forgiveness letter". How shall we proceed ? Is it possible ?
Asked 8 years ago in Criminal Law
Religion: Hindu

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6 Answers

Yes it is possible you can move a joint application with regards to the same before the appropriate court of law, this can be compounded easily.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) on basis of settlement arrived at with complainant apply for quashing of FIR in HC

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

Since this is compoundable offence, an out of court compromise may be arrived between parties and a petition for compounding the offences may be filed before the court, which will be accepted by the court and your friend can be released from this case.

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

If the case is pending before the court the student can pay and settle as 420 is a compoundable offence.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Your best option is file for quashing in HC on basis of settlement arrived at

2) you have been charged with offence under section 420 /34 of IPC

3) it is for trial court to decide your quantum of punishment

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

This is a compoundable offence.

The defacto complainant can approach APP, who will file a petition before court in this regard after which the court will dispose the case.

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

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