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 8 years ago in Criminal Law
Religion: Hindu
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 8 years ago