Sir One cheating case filed on my family of 6 members in the dispute of family matters..After that a1,a2,a3, got ab from district court.after 20 days two parties were compromised and wrote letter to withdraw the case.now inspector is saying that I need a4,a5,a6, and I will give station bail to them,then only u can go for compromise.now I have doubts... 1. After compromise rest of the 3 persons also have to take bail or no need....? 2.what is the next process to cancel the case...? 3.whether police expecting any amount from us....? Please clarify....Thank u.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1. You have not mentioned the sections applicable in your case.
2. Do note that every criminal case can't be compromised. So in your case if the offences are non compoundable then neither police station nor trial court can settle the dispute. In that event going for mutual quashing in high court is only option.
3. If the offences are bailable then only police can give bail from police station.
1) after compromise you don't need to obtain bail of other accused
2) file for quashing of FIR in HC
3) no need to pay police any money
Can it be solved in lokadalath...? Please clarify about lokadalath..!
SC has held that There is no restriction on the power of the Lok Adalat to pass an award based on the compromise arrived at between the parties in respect of cases referred to by various courts (both civil and criminal), tribunals, family courts, rent control courts, Consumer Redressal Forum, Motor Accidents Claims Tribunal and other forums of similar nature."
If the case is to be compromised then both the parties will appear beofre the court after which the court will transfer the case to Lok adalat.
At the lok adalat the compromise deed will have to be filed.
Regards
If compromise has been entered upon then there happens to be no need to obtain bail.
Regards
If the charges are non compoundable then it can not be solved through LokAdalat.
Hi, the Lok adalat do not have the jurisdiction to try the case .. Take anticipatory bail for rest of the accused .. The police do not have the power to cancel the FIR ... The compromise will be given before court
Hi
1) You can file for compromise either at district court (for offences less than 1 year) or at high court (for offences exceeding 1 year punishment)
2) A compromise can be effected for such of those offences are compoundable.
3) You should speak to your lawyer to know what are the offences framed against you and whether these offences are compoundable(whether compromise by the parties be accepted by the court).
4) There is no need for all of the accused to surrender before the police or court for a compromise settlement.
5) Alternatively if you want to check whether your offences are compoundable or not , you may refer to section 320 of Cr.P.C in which such of those offences which can be settled directly by compromise are listed.
Hope this information is useful.
1. Your query is lacking basic details. What are the sections under which the FIR has been filed? What role has been attributed to a4, 5 and 6?
2. The remaining accused should also appear before police and compromise the matter.
Is the case is withdrawn completely? Or Names of a1,a2,a3 removed from case? .
If the case is withdrawn completely then a4,a5,a6 names also stands dropped from the complaint.
If the complaint is alive then go for court bail. Station bail is not-necessary.
you may talk to any of the advocate on the forum, In case if you still have any doubt.
1. Since it is compounded on a compromise among the parties, the other formal procedures are to be observed as per law.
2. File a petition on the basis of compromise and out of court settlement, the court may dismiss the case.
3. The police would not do anything free of cost, hence you may be careful about it.
Can it be solved in lokadalath...?
Please clarify about lokadalath..!
This matter has to come to the court by the IO filing the charge sheet after which on a petition before the trial court, this may be referred before lok adalat.