Hello,

If that one person has POA to sign thr Settelment on behalf of others then he can sign, otherwise presence of other people is also required.

If those people can not come, get POA on name of the complainant who is here in India.

Regards

If those person dont come to withdraw and settle the case then they can re-open the claim at a later stage.

POA will be made, the same will notarized in their respective countries which will be presented before the court.

LAW POINT: Without authority one person can not withdraw the case.

Regards

The settlement agreed by the complainant and paid as per the agreement complaints should be signed by health Commissioner and submitted to the court at middle of the case this is necessary and in case of absence of any complainant the complaint cannot be withdrawn completely

In a criminal case where there is more than complainant one complainant cannot compound the offence on behalf of all complainant. The other complainants have to come and personally record their statement in the court, failing which the prosecution will continue.

Hello,

You may contact your local lawyer that whether the amount can be deposited in court or not because usually in criminal cases amount is not deposited in the court.

Regards

1. The statements have to be recorded in the court, not police station.

2. If the accused wants to finish this and be in peace then he should offer to moot the to and fro airfare of the complainants.

Your lawyer is absolutely correct

2) presence of other complainant is necessary and they should acknowledge receipt of money

3) other complainant can execute POA in favour of family member if unable to come to court

If other complainant don’t appear in court not give POA the complaint would not be quashed

Hello,

If stay is not extended and none appears then the HC will relegate the matter back to lower court and proceedings will start.

Regards

1. The case will not be quashed by the High Court in entirety unless all the complainants have filed their affidavits. If, however, all the complainants have filed their affidavits then the case will be quashed by the HC.

2. If stay is not extended then trial court will be free to recommence the proceedings.

May be in the next hearing if demanded by the opportunity for summons and HC thinks necessary. Until asked by HC to do so please don't deposit the balance of money.

No that will not be a good idea. That is no procedure in law. The procedure to be followed has already bene told. If the person himself is not present then only the POA holder can do work/ Settelment on his behalf.

Regards

1. Section 420 of IPC is non compoundable. so, it can not be settled out of court.

2. All the accusers shall have to execute an affidavit affirming that due to misunderstanding the said complaint was lodged and the matter has now been settled.

3. Thereafter your friend shall have to file a petition before the High Court praying for quashing the said FIR on the basis of the said affidavit executed by all the accusers.

4. It is a criminal case and the accusers shall have to settle the matter signing the papers and not their family members or others.

1. All those complainants who are in abroad should execute affidavits in abroad after getting their signatures appended on the said affidavits duly notarising the same by tyhe appropriate officer of the local Indian Consulate.

2. Based on the said Affidavits, a quash petition u/s482 of Cr.P.C. can be filed by your friend before the High Court as advised in my earlier post.

1. Section 420 of IPC is a serious offence and is non compoundable meaning that it can not be settled by the accusers.

2. The FIR shall have to be quashed by filing an application before the High Court as advised in my earlier posts.

1. It is to be understood that sec.420 of IPC is a non compoundable offence which can not be just settled outside when the FIR has already been lodged.

2. Affidavits are to be affirmed very tactfully blaming the said accusation on some misunderstanding for which quash petition can be filed as advised in my earlier posts.

3. It can not quashed by submitting that the accusers have got the money back from the cheater and the matter has been settled.

1. No. it is not the procedure to get rid of the FIR.

2. File the quash petition after following the steps suggested in my earlier posts.

Filing petition against person who received money on behalf of others is not a good idea

Obtain affidavit from other complainant that they have received money

No, the High Court will not quash unless all the complainants file their affidavits.

Stay would be extended by high court in view of settlement arrived st

2) if stay is not extended Police would complete investigations and file charge sheet or closure report

3) it is for magistrate to aceept or reject closure report filed by police

1. Understand that you have filed a petition before the High Court for quashing the FIR and also for extending the stay.

2. You shall have to finally get the FIR quashed by the High Court since section 420 of IPC is non compoundable and can not be mutually settled by and between the parties.

3. However, even if the High Court extends the stay the case will not be over and you are required to get the FIR quashed.

4. In case the stay is not extended, police will start acting and make arrest as no summons are issued for cases with non bailable and non compoundable sections.

1) Police would not arrest you

2) appear in court after filing of charge sheet a d you would be released on bail

3) you can apply for discharge before trial court

1. If the stay is not extended by the High Court then it means that the accused are open for arrest.

2. The case u/s 420 of IPC is non bailable and non compoundable.

3. So, the police will arrest the accused in normal course without having to issue any notice or summons.

4. After making the arrests, the accused shall be presented before the Court for prosecution.

5. Move the quash petition immediately.

1. The answers on record clarify all your doubts, if you have more doubts, you may contact any advocate with prior permission administrators of Kaanoon website.

1. As I said before, if the stay is not extended then both police and trial court will be free to proceed according to the law.

2. The court can then issue summons to the accused and also complainant witnesses.

If HC does not extend the stay then court will issue summons to the accused to appear personally before it, and on their failure it will issue warrant. The accused are to obtain regular bail from the court after the filing of chargesheet.

If the HC stay is not extended then the police will proceed to take action as per the las

One of my friend got an IPC 420 case.case was that he recieved 7000 from 6 people for providing job.now the matter is settled outside and he paid the amount to one one of the complainant who signed the agreement on behalf of others who are outside country.the person gave money to others through family.now lawyer says all others should come in person and give statement that they have received money.is the agreement not valued then..

Firstly any such agreement which is not registered is not valid if you try to enforce the same in court, however if the same has been witnessed and the person receiving the same has acknowledged that he received the same on behalf of others too based on the authorisation letters received by him, it can be considered as valid.

How to get poa for that person.and if the poa is not there and other complainants Cant come for years then what will happen?nobody has complaint and still he receive penalty in court???

Whoever has been consented to receive the amount on behalf of others can be advised to get an authorisation letter on his name so that this can evidence the payment in the absence of POA deed.

The other complainants have filed their statements through phone and online to respective police station and their family member that's their mothers have given affidavit regarding Tue amount being recievedby them.can we deposit the balance money in court until the others come ...

Court will not accept the deposit however the representatives who have given affidavits can receive the amount in the presence of some authentic witnesses.

Crmc petition for quashing for has been placed in high court and agreement of compliant regarding settlement and statements of other complainants has been placed.our lawyer has a senior settlement with high court lawyer in which both parties has appeared through lawyers.stay order is there Tull 31 st December.if stay is not extended what will happen?will summons be issued??

If stay is not extended then the court will proceed with the trial proceedings as per the provisions of law in this regard on further issues.

If we deposit money in lower court and file petition against the person who received money on behalf of others will that be a gud idea???

There is no provision in law for a criminal court to accept such deposits.

Statement of complainant who received the money is given in police station and they have sent favorable report to high court.now if stay is not extended by high court will police intervene in the matter?will summons be issued?

If the high court is not pleased to extend the stay, it may proceed with the further course of action as per provisions of law in this regard.

What is summons doing at this stage, the summons would have already been sent

The police have filed the charge sheet in jfcm court and now the case is pending as cc .will police interfere or arrest without court knowledge or summons if high court stay is not extended??

Once the police has already filed the charge sheet,ty will not proceed with arrest until and unless there is an order passed in this regard by the court concerned.

1) if other complainant are abroad they can execute POA in favour of family members

2) POA should be attested before Indian consulate

3)POA can then give consent fir withdrawal of cas

POA has to be drafted

Send the same to the person residing in foreign country

he will get the same notarized there and will send it back the his agent

the agent will get it verified from the sub registrar office

and this will now be considered as a valid POA

Regards

You can send a power of attorney deed prepared from here to his, to get him signed and attested by a notary public of that country

The said poa in favor of the person here in India shall be used to represent him during his absence in India in all such proceedings, but the POA cannot be used for accused in the criminal court.

1. Tell the complainants to engage their own lawyers and file an affidavit to state that they have no objection if the proceedings are quashed.

2. Nothing else has to be done.

This is a general call to everyone which may not fetch you the desired result.

You may contact any particular advocate of this forum and engage his services for the desired service to overcome your issue/problem.

Particulars of advocate who you may prefer to contact would be available in this forum against their names.

1) Your lawyer can draft affidavit for you

2) it should not take more than 15 days to receive POA from abroad

3) defacto complainant can be given POA by other complainants

You can contact any of the lawyer on this portal who can draft an affidavit for you. There is no fix format for the same.

It will take a week

Yes defacto complainant can give

1. The types POA shall have to be sent to the executant staying abroad who will append his signature on the said POA before the appropriate officer of the local Indian Consulate who shall also notarise the said POA.

2. Thereafter the said POA which has been notarised abroad can be sent to the local lawyer in India for producing before the Court.

It will be a simple statement mentioning that they have received back the money lent to the accused which shall have to be affirmed under notarised affidavit.

1. You are free to engage any lawyer from this portal to draft the affidavit. Even better, get it drafted by your own HC lawyer.

2. After the execution of POA the affidavit can be made immediately.