Settelement after fir but before charge sheet
Mr R and his unlcle S applied for a birth certificate of my grandson. They did so in muncipality F and based on false affidavit showing flase place of birth as F and false father's name as R. In real the child was born at place B in govt hospital and his real father is my son S. Mr R is new husband of my ex daughter in law. About this I filed a complaint in police station at place F. After several reminders at last the police registered the FIR under sections 420, 467, 468, 471 and 120B.
Now Mr R and S are requesting for settlement and compromise. They are ready to give my grandson's custody to his real father.
What should I do?
Can I go for compromise without any future risk to me?
How the compromise should proceed legally?
Asked 2 years ago in Criminal Law from Bikaner, Rajasthan
Execute MOU/Settlement deed with the accused person and file quashing petition before High Court, the High Court have power to quashed the Case u/s 482 of Cr.P.C.
mention all the terms and conditions which you are think fit for you and the copy of the same will be annexed with the quashing petition.
Feel free to call
Advocate, New Delhi
1. The section 420 along with 120B is non compoundable which means that any complaint lodged under those sections can not be compromised,
2. So, let Mr.R and S solve their problems with the police in their own ways and you assure them that you will not pursue the case any further provided they handover custody of your grandson to you.
If both have agreed for compromise and settle the matter out of court they can give statements before police , the police will record them and may put up note to magistrate to close the FIR by RS (Referred charge sheet), or else they file a petition under section 482 cr.p.c. before high court for quashing FIR in which the respondent may give his consent to quash the same in view of the compromise arrived between them out of court, then the FIR may be quashed.
How and R and S related to your grandson? What preferential right, over and above the right of the father, do they have to get the custody of your grandson? The custody has been offered in compromise to your son and not you. The withdrawal of complaint made by you cannot be the basis of grant of custody to your son. Such an agreement, as the foundation of the custody of your grandson, will be illegal as you and not your son is the complainant.