There were 2 cross FIR's (1st party u/s 323/341/506/34) and (2nd party u/s 354/323/509/34) between 2 parties involved. Now a compromise has been reached where the 1st party shall file the petition for quashing FIR under u/s 354/323/509/34 before Delhi High Court, 2nd party will cooperate for allowing quashing. And the first party shall cooperate the second party in compounding of offence u/s 323/341/506/34 . This compromise deed has been made out of Mediation cell (as mediation cell was not ready to mention the condition for quashing of FIR in their compromise deed) a) Suppose FIR quashing is done first (u/s 354/323/509/34) and if another party doesnt come to support during compounding of FIR (u/s 323/341/506/34), then what is the legality of this compromise deed ? b) Should this compromise deed be filled first before the court involved in hearing the case for FIR (u/s 323/341/506/34). Is it compulsory/ advisable or not ? c) If the above is not done, what is the legal position of this compromise deed ? d) Any other alternative suggested ?
1. In that the the same becomes invalid and further case can be initiated. Chances of this is very less
2. It is mandatory to file the compromise deed.
3. If any of the party does not follow the compromise then the compromise will be deemed to have failed and the respective cases will continue. Party can inform the same to the mediation cell.
Regards
1.File for quashing of both the FIR and get both the petitions tagged in high court both the FIR can be quashed together on account of the settlement between the parties.
This would be the best way both the parties will together get rid of case vide the compromise deed.
Compromise deed is binding upon the parties
2) make an application for compounding
3) enclose compromise deed signed by both parties
4) if other party does not attend court for compounding file for quashing second case in HC
Dear Client,
Compromise deed to withdraw criminal case is not enforceable. No remedy if other party, back stepped.
FIR u/s 354 more serious, so when applying for quash of 354 than get the other FIR also quashed in same hearing in HC.
These are cross FIRs , better apply for quashing both in single writ in HC on the basis of compromise.
Except sec 354 , other sections are minute in nature.
On taking legal opinion earlier, we were told FIR (u/s 323/341/506/34) cannot be quashed in HC as these are compoundable offences. However, responses above suggest, that HC might consider quashing of both FIR's basis on mutual agreement. Can you please let me know earlier case examples / instances for reference for which this has been done. Please note this compromise deed has not been prepared by mediation cell, instead prepared by both parties themselves. Also, is there a possibility HC might penalize parties during FIR quashing process.
There won't be any cost don't worry. The parties can present the mutual settlement agreement and can get both the FIR quashed it would be quashed in first hearing.
1) quashing is to be done only in exceptional circumstances
2) HC can quash FIR based on settlement arrived at between parties
3) HC may not penalise parties during quashing
HC can quash the FIR based on mutual consent.
HC exercises extra ordinary jurisdiction and can exercise this power.
Regards
a) No doubt an agreement can be entered into by both the parties to this effect, but sadly it is not enforceable in law.
b) It can be produced as documentary evidence before high court with the petition seeking to quash the FIR.
c) It is not enforceable i law but can be used as s documentary evidence to some extent.
d) both the quash and the compounding petitioin may be moved before both the courts simultaneously
Dear client
Both the cross FIRs would be quashed simultaneously by the HC on the same day if they are filed together interconectedly.
Vikas
There were 2 cross FIR's (1st party u/s 323/341/506/34) with case in district court and (2nd party u/s 354/323/509/34) case in district Women court between 2 parties involved. Once : 1) Can both these cases be transferred to one single judge - i.e in Women court. Can 2nd party apply for transfer of cases in Women court. 2) There were 2 accused in FIR u/s 354/323/509/34. However, one of the accused is not available to sign the compromise deed, but other accused is signing the deed. Can compromise deed be made without 1 accused? Would this impact quashing of FIR u/s 354/323/509/34 in High court. 3) If quashing of FIR u/s 354/323/509/34 is being made, would HC mention in its order statement about compounding of FIR u/s 323/341/506/34 as per compromise deed
1) if compromise deed is signed only by one accused quashing of FIR would be done only of one accused
2) HC would mention in its order about compromise deed arrived at between parties . hence FIR is quashed
1. A transfer petition can be filed before high court to transfer both the cases to either of the court within that district
2. Compromise deed cannot be a solution, moreover, the parties to the case have express their consent jointly to bring this dispute to an end.
3. Quashing of FIR before high court is different to that of comprehending the cases before the trial court, dont get confused by mixing up two subjects together.
1. Your both the cases cannot be transferred with the women court.
2. See for settlement and quashing FIR against both the accused the both the accused should sign the compromise deed and file petition in high court.
3. Yes high court can mention same in the order further as suggested earlier file quashing for both high court has power and can dispose both matter with common order.
you can file a petition under Section 482 of CrPC seeking quashing of all the proceedings arising out of the FIR if the offences are not compoundable under section 320 of CrPC. You ll have to file the compromise deed along with the petition
