• How to get compromise

Hi all

there was a roberry case filed on sections IPC 448, 294(b), 392, 397

When i was out of room 3 unknown persons came to my room and threatened my friend that i have to pay them Rs 5000, i talked to them at the time of incident on phone but they didnt provided any related information about them, later they carried way 2 laptops, mobile phones, harddisk with them.

we approached police next day and within 3 days they recovered the belongings, now thing is accused persons are students (ages 23, 21, 19) and their parents are asking us to get compromise. 

Police has framed the case with names in the FIR after finding the accused. 
if the case was to be ended in a peaceful way what we should do ? it should not effect both the parties(students). now its been a year from the time of incident took place.
Asked 1 year ago in Criminal Law from Chennai, Tamil Nadu
Religion: Hindu
Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused. However such a compromise, should be a "Bonafide," and not for any consideration to which the complainant is not entitled to.
 
Application for compounding the offence shall be made before the same court before which the trial is proceeding. Once an offence has been compounded it shall have the same effect, as if, the accused has been acquitted of the charges.

T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
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1. It is a non-compoundable offence and hence it can be done only with help of Police.
2. Ask Police to submit a closure report in stead of charge sheet. If Police does so then the matter ends.
3. if charge sheet is submitted then the accused person shal have no option but to face trial which would surely make adverse impact on their career.
Devajyoti Barman
Advocate, Kolkata
5217 Answers
54 Consultations
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Hi
The charges  applied are non compoundable, so , settlement is possible only making the witnesses turn hostile during trial which can happen in a later stage.
Practically what can be done is speak to the investigating officers and inform them that you do not want to go ahead with it, however the FIR cannot be cancelled or withdrawn.
Filing a petition under 482 for quashing the FIR is another option, if not opposed by the police strongly there is a chance for it.
 the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings,
So the accused persons should file a 482 petition for quashing the FIR in the high court and you complainants can support it.
Thresiamma G. Mathew
Advocate, Mumbai
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85 Consultations
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The case cannot be withdrawn. You have no right to withdraw the case as the police has filed the chargesheet. 
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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