file petition for quashing in HC under section 482 of cr pc for quashing of FIR based on compromise arrived at between the parties
2)consent Terms should provide that you would regsiter relinqusihment deed on FIR BEING QUASHED
Can a release/relinquish deed be registered by filing a case against the releasor
I am the accused in a criminal case filed by my relative under IPC 452 proceeding currently in judicial court since 2017. There is a house property which we inherited equally after both of our parents died and didn't establish a will. Hence, the said relative are a co-owner in the property. They filed the beforementioned criminal case to gain my property share only. Now after 4 years, both the parties have decided to enter into a compromise and in response to the complainants move of taking back the case, I have agreed to give them my share. To compromise, they are asking me to first sign on the relinquish deed and then they would take back the case. Now I am under a dilemma as to whether I should do this or not because of the following questions - Q1. Can the criminal case be dismissed as compromise in the judicial court, since IPC 452 is non compoundable ? If yes, how much time would it take after submitting appeal to take back the case in the court. If no, how can it be done then ? Q2. In the event that I sign the relinquish deed and the other party refuses to take back the case or the case is not voided due to any circumstance, what are my options to nullify this relinquish deed ? Q3. What is the best way to execute this compromise ? I would be really grateful to honest and good advice as currently I am under a lot of stress due to this. Thanks in advance
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
8 Answers
Offence under Section 452 is not compoundable. That is the general law. But as complainant and accused are related and property dispute is involve, a writ petition can be filed in High Court of P & H seeking compromise on the ground of amicable settlement. That will close the case finally. Any dismissal can be challenged in appeal. Before registration of relinquishment deed, an agreement can be registered on agreed terms making it binding on party executing such deed after writ petition is allowed. Such writ will certainly be allowed by High Court as dispute is permanently resolved and that is object of law. Only High Court can pass such order not the lower Courts.
Hi, If the dilemma is there it is better you can refer the matter to the mediation center and there you can entered into an agreement and once you entered into an agreement then you can execute relinquishment deed and thereafter both of you can appear before the court and accept the settlement entered in the mediation center.
You may please get the deed of relinquishment duly drafted, sign and retain it with you. Ask your relatives to withdraw the criminal complaint against you. On the day the is dismissed by the court, you may register the relinquishment deed.
- Section 452 I.P.C-The offence under this section is cognizable, non-Bailable and non-compoundable.
- Hence , it cannot be settled without trial of the case or quashing from the High Court.
- If he is ready for settlement in the case , then before relinquishing the share in the property , he should file an affidavit before the high court .
Dear client,
No, it can not be dismissed. So, please don't sign the relinquishment deed as it is not worth it.
Thank you
1. Since Section 452 IPC is a non-compoundable offence, this Court in exercise of its inherent powers cannot make a non-compoundable offence as a compoundable offence and record a compromise or dismiss the same as compromised.
2. You can make a recital in the release deed about this that in case he is not cooperating to closure of this case, then you have rights to revoke the release deed.
3. You may enter into an agreement to this effect and get it registered so that he cannot withdraw from his stand.
1. It can't be you need to get it quashed from HC
2.you should include a clause to do the relinquishment subject to the acceptance of other party else it will be nullified.
