1)notice must have been given to you to record your statement

2)approach the complainant for an out of court settlement

3) then based on settlement arrived at apply for quashing of FIR in HC under section 482 of Cr pc

4) it would not take more than 6 months

Hi, the first thing to find out is the status of the case .. There is a possibility that you have been declared as PO in the proceedings .. You have to for quashing of FIR in the high court as well as the PO proceedings .. Find out the status and then procced further with compromise

1) if even after Non-Bailable Warrants you don't care to appear in Court than the Judge can declare you "Proclaimed Offender" under Section 82 and 83 of the Cr Pc

2)you can approach the complainant for settlement

How you can be so sure regarding the publication .. PO is declared when a person evade from the trial .. A FIR was lodged against you ,,

It seems some body filed a criminal case under section 420 IPC either complaint directly to concerned police or a private complaint before concerned court and in turn the police was issued 41(a) CrPC notice to you. A FIR must be registered against you and since you were not appeared NBW may be issued. However you want to settle the issue, you can settle it by approaching the person who lodged complaint. If defacto complainant the case will be closed as withdrawn before Lok- Adalat Court. Yes PO is not applicable to your matter. Better to approach complainant through a common person or friend, if in case no suitable common person or friend you can approach directly.

If you think that approaching the complainant directly might prove helpful then you may go ahead and contact the complainant. You are right when you say that "PO is declared publicly via newspaper ".

An offence under 420 is a compoundable offence so if the complainant agrees to settle the matter then on the basis of the settlement deed the case can be settled.

Regards

1. Yes it is possible if acceptable to the complainant.

2. Contact the complainant and offer to settle the matter amicably with him and thereafter an application for compounding may be filed.

3. If you do not appear before the court despite summons and warrants also could not be executed then you may be declared as a PO even if you have previously never been accused. So if you have been declared as a PO then apply for anticipatory bail, and if AB is rejected then appear before the court and apply for cancellation of warrants and the proclamation.

Since you know the background of the complaint and the person who lodged the complaint, it would be better you talk to the concerned person directly, arrange for settlement and an out of court compromise with him.

This process would help you to get the case compounded and dismissed after which yo9u can apply for renewal of passport.

I am an innocent person who has never been accused or charged with any offences in the past, does that mean I can still be declared as PO?

When “Somebody”(accused) is not giving the appearance in Court after issuing the bailable warrant, then the court will Issue Non-Bailable Warrants against the person/accused under Section 70 of the Code of Criminal procedure. This Warrant under Section 70 will give powers to the Police to arrest the accused at any moment at any place [even by breaking doors and walls of your house or the place where you are trying to hide from the arrest].

If even after Non-Bailable Warrants accused doesn’t care to appear in Court then the Judge can declare the accused “Proclaimed Offender” under Section 82 and 83 of the Code of Criminal procedure.

Also, As per my research, a PO is declared publicly via newspaper or some other public medium, which I know is not applicable in my case. Is there any alternative reality to being declared PO? Also, if that's the case how do I end things right here?

If Any court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 499, 459 or 460 of the Indian Penal Code (45 of 1860) and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.

Also, is it a good idea to directly approach the complainant for a settlement? or is there an alternative better route?

It is better that you approach the complainant and settle the matter which will be the more easier route than to face trial from a distant place.

The meaning of being declared as proclaimed Offender is that accused can be arrested by ANY citizen of India at any time or any place.

The Passport of the proclaimed offender will be automatically confiscated so that offender doesn’t go out of the country.

1. Did you commit a cognisable offence in presence of a police officer?

2. Section 420 is a non bailable section and is compoundable by the person who has been allegedly cheated.

3. First of all be sure that your passport has been refused because of the fact tat the said case is pending against you.

4. If it is found to be correct then get the office compounded by the accuser by withdrawing his complaint

1. Have you been declared as Proclaimed Offender?

2. was any warrant issued against you?

3. Your claiming innocent will not make you innocent. You shall have to prove by appearing before the Court that the allegations leveled against you are false.

4. For the said purpose you are to receive notice from Police about the FIR lodged against you and in that case you are expected to know the FIR No. and the next date of hearing for taking your defensive legal action.

5. If you refuse to appear before the Court even after getting Summons and police fails to arrest you to produce before the Court, then you will be declared as proclaimed offender.

6. Settle the matter as advised in my earlier post.