After lodging FIR, what is the procedure for mutual settlement
One of the neighbour borrowed Rs. 2 lakh from me with agreement to return within six months.
He could not return the money even after two years despite of request many times. Then we came to mutual agreement that he will return the money within next six months in equal instalment. However,
he returned only 70 thousand within six months and then denied to pay the rest amount. The I registered the complain (FIR) in PS and police started to enquire after giving me FIR number. Then my borrower neighbour came to me for mutual settlement and I agreed. He paid me the rest amount and I informed in writing to PS that I have got the money after our mutual discussion and now I have no complain against him.
What are the step to follow for withdrawing the FIR.
Asked 11 months ago in Criminal Law from Kharagpur, West Bengal
If charge sheet is already submitted then the police can not close the case. I am not sure the sections applied in your case. If the sections are compoundable then from court you can end the case.'Otherwise you have to close the case by quashing from high court.
Hi, after the investigation is completed ask the police to file a "B" report to the court.
2. Strictly speaking the police can't register the FIR because it is a matter in Civil Nature.
You have to apply to the court to allow compounding as the matter has been settled out of court. Your lawyer will be able to do the needful. It should not take more than one hearing.
1) you have to inform the local police station that you have reached an out of court settlement with he accused and full payment has been received and you do not want to proceed with the complaint . police can close the case
2) if the case is compoundable then only settlement can be arrived at outside court
The steps to follow has been stated by you yourself.
Yes you can give a request to the concerned police station stating that due to compromise settlement, you do not want to press your complaint and hence, it may be treated as closed or withdrawn.
1. You shall have to inform the police in writing that you have now got back the said loan amount from the Borrower,
2. Police I.O. will now mention the same in his investigation report about your getting back the loaned amount,
3. The matter will now be closed by the Magistrate if it reaches the Court.
Thanks for answering of my query. The following information may be cleared to me:
In FIR copy given to me by police station, section of case is written 420/406 IPC.
1. Whether it is compoundable;
2. Whether first one can go for compromise settlement (take back the money) before informing court and then appear to court for closing the case.
3. Whether first one should take permission/inform court about the proposal of settlement and if court permit such settlement, then only one can take back the money.
At present, I have taken back money and given the money receipt writing on stamp paper to the borrower and kept the xerox copy of it with me. Also I have informed PS in writing about the mutual settlement, but no receipt copy from PS is taken. The PS has not submitted report of the enquiry to CJM court yet.
1. whether I or borrower should take initiative to close the case etc.
2. If borrower is not taking initiative or interest, what is my responsibility.
3. Whether I should take receipt copy from the PS when they are telling not necessary and telling that the copy will be submitted to court; Do not worry.
If the section 420/406 is non-compoundable or compoundable in court only, then I have done mistake taking back the money from borrower. Is so, what should be done by me now and what punishment/harrasment is waiting for me.
Asked 11 months ago
1) An offence of Section 420 is compoundable but with permission of the court
2) it is better that the parties file the settlement that has been arrived at between the parties
3) the borrower should take the initiative regarding settlement arrived at
4) court will compound the offence under section 420 and 406
5) you will not be punished by court
Offences are non non-compoundable in nature and can only be quashed on consent form high court.
Yes it is compoundable. An out of court settlement and then the same may be informed to the court. The complainant i.e you has to set in motion the process to withdraw the case. No receipt is required to be obtained from PS. There is no punishment/harassment waiting for you.
1. Both the sections are compoundable by the owner of the property and the person cheated, with the permission of the Court,
2. & 3. The Court can be approached to permit compounding the case stating that the property has been or will be returned within a particular period of time,
The Borrower should take initiative and get you filing the application for taking permission for compounding the case since otherwise he will be charged/tried by the Court for the FIR/complaint filed by you.
1) It is not compoundable.
2. Compromise is always out of court settlement only.
3. Not necessary, it is between the parties.
1. The borrower should take initiative to close the case, you may cooperate with him
2. Just forget it, the problem is for the borrower.
3. Not necessary.
Nothing, court will not proceed with the case, the procedure to be followed by court shall be by making you hostile witness and close the case.