If the complainant is not appearing in the court on the date then you are friends advocate should go for ex Parte judgement or dispose the case
How to Get over with this?
My friend has a Criminal Case against him under IPC 420 and IPC 468 since 2008. He has been visiting the court on all the hearing dates and in fact in 2012 the Case was disposed and than 2015 it was revoked again. Now he has been going to the court for all the dates but there is not outcome. He has also tried to contact the compliant and tried to resolve but the compliant is wanting to settle outside the court and doesn't want to come to court do it. What is the solution and also my friend has no lawyer appointed till now. My friend travels from once state to another every time for this.
Asked 5 years ago in Criminal Law
Religion: Christian
12 Answers
since case is pending is pending for over 10 years it would be disposed of soon
2) if any settlement is arrived at with complainant you can file for quashing of FIR in HC
3) contact a local lawyer
1) Ask your friend to get the case stand on the bench. One should request judge to start case earliest and move forward.
2) Explain all terms that he has to visit at court after so much of travelling.
File Quash petition in High court under section 482 of Cr.P.C as only high court has powers to quash the case.
1. In India taking trial of the criminal case takes lot of time.
2. So either he will have to wait or he can file revisional case in the high court for expeditious disposal of the case.
3. Another option is to apply in court to issue warrant of arrest against the complainant.
See it is better in case of 420 to settle with the complainant outside court make an settlement agreement and then file a quashing petition before the high court on ground of settlement to quash the FIR.
He needs to appoint a lawyer. If there are no merits in case he can file discharge in trial court and quashing in HC.
1. The offence under Section 420 IPC is compoundable i.e it can be compromised between complainant and accused, but the offence under 468 IPC is non-compoundable.
2. Be that as it may, if the complainant is ready to settle the matter outside court then a compromise deed should be executed on the basis of which a petition for the quashing of FIR can be filed in the High Court. High Court can quash the FIR even in non-compoundable offences.
There is a simple solution
If the complainant is willing to settle but not come to court then what can be done is that the complainant can make an affidavit stating that he has settled the matter with you. This affidavit can be countersigned by you
Get the affidavit duly notorised
Then on next date you can simply make an application with the above affidavit attached to it, to the court informing it that complainant has settled the matter with you and hence you request court to dismiss complaint while dispensing with personal presence of complainant in court for verification as he has has already made an notorised affidavit and given to you for submission to court
1. He should file a Writ Petition before the local High Court praying for an order directing the lower court to hear the matter and dispose it of withion next 6 months.
2. In the above event your friend can get rid of the charge if he can prove his innocence before the Court.
He should've appoint lawyer and on what ground case disposed in 2012 ?
Why was the case revoked which was already dismissed.
If the case is getting unnecessarily delayed then he may approach high court seeking direction for an expeditious trial and speedy disposal
He has to appoint an advocate ion order to follow it up properly
