There was a loan account in my family in name of my sister .Loan worth 75 lakhs was taken by mortgaging property of a staff which we promised him to purchase later . After loan we kept paying interest for more than 2 years after that bank said to us that 143 certificate by sdm attached in property is forged which later came to be known as true and bank filed FIR under 419,420,467,468,471 on 18.12.2016 , now in the FIR has also made his bank legal counsel an accused and have also mentioned that at the time of loan disbursement the 143 certificate of land was right . We had no intention to siphon off money but yet due to some personal grudges FIR was launched in a hurry and apart from my sister my grandfather and me myself along with owner of the mortgage land were named in the FIR . The paper of 143 was on name of the owner of the land which we gave to the bank . High court dismissed petition for FIR QUASH under crpc 482 and at that time there was no anticipatory bail clause...Now it's over three years we have signed OTS with bank and paid more than 50% of the loan amount remaining would be paid by march . 1.I want to know if bank want to compromise and want to take its complaint can it can help to end the criminal matter ? 2.chargesheet is with police and yet not send to court I have managed . Is it possible to end this FIR at police level at this stage before chargsheet is filed in court ? 3.if chargsheet is filed can we go to high court for quashing and ending the matter as bank doesn't want to persue further ? 4.is there any way my sister and me doesn't have to go jail for bail and we can end this matter without hampering our careers ? I am preparing for civil and my sister is a doctor when this crime happend I was 23 and my sister was 21 our grandfather was the person who used to see every thing and he is now no more .. He died during the investigation period...what remedy we have ?
Yes if the bank has been paid its dues then it would not proceed ahead. For that an application for compounding has to be moved in the high court.
If you have paid dues and intend to pay the remaining amount then there is no reason why you should go to jail.
Police can't do anything once charge sheet has been prepared.
Regards
Hi,
Under the provisions of CRPC the name of grandfather will be removed form FIR. Further on the basis of compromise, you can move to high court and move the joint petition for quashing of FIR.
On basis of settlement with bank complaint can be quashed by HC
2) you cannot end FIR at police level
3) you can after filing of charge sheet file petition in HC for quashing
4) your career would not be affected if case is settled with bank
1. Yes you can settle with bank and may go for consent quashing there are chances the matter may be quashed by high court.
2. See FIR cannot be cancelled with police though police can file chargesheet in your favor.
3. Yes consent quashing can be filed.
4. See if matter is quashed you don't have to go to jail.See settling with bank is only best option here as anyway load is to be paid.
Hi
If both the parties intend to compromise and close the issue, no one can stop.
1) Yes upon compromise you can get the same quashed at High Court.
2) Once FIR is filed it cannot be invariably it has to be quashed by High court.
3) Yes you can.
4) Both parties approach High Court and get the matter closed.
1. As per the Supreme Court, Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;
- Further, In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants/parties , the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice.
- Hence, if the bank is ready to compromise, then the criminal cases will come to an end .
2. Only High court is empowered to quash/cancel the FIR in India. Once FIR lodged , then I.O of the case cannot cancel the same, but he can mentioned in the charge sheet for the settlement.
3. Yes, But you are suggested to take all detials of funds deposited by you in the Bank.
4. When the matter in dispute will be settled, then as per above mentioned Supreme court judgement , FIR will be quashed , as the nature of the case is Civil.
- And after quashed of the case , you people will be free to think for future.
Good luck and dont forget to rating Positively.
Yes you can quash the same on merits or I'd not quashed then can also try discharge in lower court
Who have forged the certificate? You? 0or your sister? If none of you have done this , all charges shall fail to stand .
There shall be no charge against you if forgery is not by you.
Further there is no cheating in the entire episode . Bank and police are creating pressure so that you pay the money to the bank without much trouble .
1. Yes, both will have to approach the High Court to get this FIR quashed on the ground of settlement reached between the parties.
2. No, you will have to approach the Court. Police can end this only by way of filing a FR.
3. Yes, this option is open.
1. the complainant or the informant cannot withdraw his Fir.
2.it can be compromised in Court only.
3. FIR can be quashed under Section 482 CrPC even after filing of a charge sheet.
4. it is better consult a local criminal lawyer .
Yes it can help but bank officials have to give statement in your favour before court.
Yes it is possible if police discharge you in investigation stage.
Yes you can approach high court along with bank for quashing of FIR.
You have to file bail in ground of no chargesheet by police till take court will grant bail.
1. The offences under section 419, 420 are compoundable whereas section 467, 468 and 471 are non-compoundable hence even if the bank wants to withdraw the complaint they cannot do so, however they can turn hostile witness with the verbal permission of court in view of the settlement made, then the accused can be acquitted.
2. The police can do whatever possible to close the case but it will be a costly affair.
3. Yes, you can file a quash petition to which the bank has to file a no objection in person and an affidavit to this effect after which the court may consider your quash petition.
4. You can apply for bail even now during the pendency of the charge sheet
