• Can we settle a case 420/34 IPC & 11 of Prevention to Animal Cruelty Act

Can we settle out of court for a case that has been lodged mutually because of an issue with a dog. We want to settle it now and return the dog without any further disturbances from both party.
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

File for quashing in HC based in settlement arrived at between parties 

Ajay Sethi
Advocate, Mumbai
99896 Answers
8153 Consultations

-   420 was invoked for an issue with Dog. This seems to be very interesting. 

 

-  Yes, the cases are compounded. 

However Court permission is required to confirm it. 

 

Ankur Goel
Advocate, Bangalore
454 Answers

Dear Sir/Ma'am, 

1. the settlement can be done and it is valid when the court confirms the same after you file a quash petition in the High Court.

2. yes, it is to be done in the High court. 

Thank You

  • For further assistance, you can book a consultation with me. 

Anik Miu
Advocate, Bangalore
11025 Answers
125 Consultations

-    Yes, a single lawyer can do it.

Even you can have 2 lawyers from 1 lawyer.

Your lawyer will inform how to get 2 lawyers from 1 lawyer.

 

-  There are multiple ways to do it.

It can be done in same court.

It can be done by quashing from HC.

 

Hope this helps.

 

 

 

 

Ankur Goel
Advocate, Bangalore
454 Answers

Court will be happy to settle your case amicably. Make a joint application to the Court seeking withdrawal of case as the same will be settled out of Court. For further clarification you may contact me through Pathlegal. Hit the like button if the advice is useful to you.   

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

any lawyer can appear for both parties. All the offences are compoundable 

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Quashing has to be filed in HC 

 

wife can file consent affidavit that she has no objections to FIR being quashed 

Ajay Sethi
Advocate, Mumbai
99896 Answers
8153 Consultations

1. What do you mean by 'case was lodged mutually'? There has to be a complainant and there has to be an accused.

2. Come with complete facts.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

- FIR under these sections cannot be withdrawn by the parties on the ground of settlement

- Hence, for cancelling this FIR , a petition for quashing the FIR should be filed before the High court. 

- Yes, as the matter has already compromised ,then both the party can engage one lawyer for the same. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

Offence under Section 420 IPC is compoundable by the person cheated, with the permission of the Court.

Section 11 of PCA act, 1960 - shall be punishable, [in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both.

Therefore you can talk to the defacto complainant and try to get the case disposed accordingly.

 

T Kalaiselvan
Advocate, Vellore
90096 Answers
2503 Consultations

Since this is a police case, the defacto complainant's case will be prosecuted by police through public prosecutor and the lawyer will defend the case of the accused.

Hence the lawyer for the accused can arrange for compromise with the defacto complainant and intimate the decision to compound the offence before court through public prosecutor and file a petition to that effect. 

The court may consider the application and dismiss the criminal cases per procedures of law based on the application filed by the complainant to compound the offence

T Kalaiselvan
Advocate, Vellore
90096 Answers
2503 Consultations

Yes that can be done and the complaint can be closed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes compounding of the offences has to be done in the high court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes, can be compromised with the help of a lawyer who will draft a compromise/settlement deed on the basisof which the Court has to be approached.  

 

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer