File for quashing in HC based in settlement arrived at between parties
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.
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Can a lawyer do it for both parties? And do we have to do it in High Court?
- 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.
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
- 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.
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.
Quashing has to be filed in HC
wife can file consent affidavit that she has no objections to FIR being quashed
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.
- FIR under these sections cannot be withdrawn by the parties on the ground of settlement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.
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.
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