• Out of Court Settlement - FIR lodged u/s 417/376, 120B, 506 IPC)

An FIR was filed u/s 417/376, 120B, 506 IPC. The case was initiated to the effect that the complainant (female) met accused no.1 through BharatMatrimony.com and a relationship developed between the two. The accd.no.1 (male) on the pretext to marry the complainant persuaded her to go to Digha with him where he sexually assaulted the complainant in between 10-13th July 2015.The accused no.2 (female) in connivance with accused no.1 made the plan to commit the offence and threatened the complainant.

Now the accused no.1 wants to settle the case out of court & has approached the complainant  but accd. no.2 is not willing.In such a case, would the settlement have teeth and  what should be the terms and conditions of such a settlement so that there is no future harm/litigation against the complainant?
Asked 8 months ago in Criminal Law from Kolkata, West Bengal
Religion: Hindu
1.Please note that criminal prosecution can not be initiated and terminated at the sweet will of the complainant more so when the charge is non-compoundable like sec.376 in your case .
2.However if it is found in cases that the complainant voluntarily wishes not to prosecute the case further then on the basis of out of court settlement only the high court in exercise of his inherent jurisdiction u/s 482 of cr.pc can quash such  case.
3.In context of your dispute please note that the terms which you have mention is absolutely unsustainable for  quashing the case.
4.However to meet your apprehension the quashing petition can be skillfully drafted so the offence may not be repeated in future and both the parties shall forbear from pursing future litigation.
I must hasten to add that in no circumstances the terms you have mention can be incorporated in its present form in the quashing petition.Only in compromise of civil suit such terms are included.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
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1) accused No 1 can settle case with complainant . 

2) the terms and conditions of settlement should be drafted in consultation with your lawyer

3) in clause d) words .  except in case of transfer/posting of parties outside the State or other pressing official/social obligations or other such extenuating circumstances.should be deleted
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
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you cannot bind accused no 2 unless she signs the agreement 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
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you should avoid to initiate any settlement proceeding directly from you because it may be used against you and it is also relevant under section 8/11/18/114 of the evidence act to show that accused is trying to destroy the evidence and make the victim hostile.   

make whole things in oral because section 376 is not compoundable and settlement of it is a crime under section 193/196/199/212 IPC.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. Out of the 4 sections mentioned in the query,  sec.375 & 120(B) are not compoundable,

2. So, the complainant can not withdraw complaint against those two sections,

3. However, if a settlement agreement is entered in to with the accused no.1 then he can file a quash petition being supported by the said settlement agreement,

4. Since the accused no.1 is the main accused, the settlement agreement should be made in such a way that accused 1 tacitly admits involvement of accused no.2,

5. The settlement agreement should be drafted very carefully to ensure tat the accused no.2 can not file a case against you for lodging false complaint. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
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1.There is no mention of withdrawal of the complaint filed against those 4 sections,

2. Without withdrawal  of those complaints, te said agreement is invalis since you can not enter into an agreement for not suing each other which is infringement in to civil rights,

3. There is no dispute as such by the parties in connection with any thing. It is a pure case of criminal act on the complainant which can not be settled as such,

4. The complaint vshall have to be withdrawn first, may be stating that the complaint was lodged out of rage, 

5. However, direct withdrawal of the serious complaint is suggested against. It can be mentioned that the accused 1 has apologised for which the complainant does not want to pursue the matter and the above agreement can be entered in to additionally with modification.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1.Accused 2 is the accomplice of accused 1 who had committed the crime on the Complainant,

2. If accused no.1 is pardoned by you, then the charge on accused no.2 does not stand at all,

3. So, there should be a letter from the accused no.1 apologising for his said act and the withdrawal affidavit should mention that the accused no.1 has apologised,

4. The accused no.2 can still file a case against the complainant u/s 211 of IPC for lodging false complaint which the complainant shal;l have to contest fittingly. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Now the accused no.1 wants to settle the case out of court & has approached the complainant  but accd. no.2 is not willing.In such a case, would the settlement have teeth and  what should be the terms and conditions of such a settlement so that there is no future harm/litigation against the complainant?

When the second accused is not willing to compromise then there can be no compromise.  Moreover the sections of IPC of this case are not compoundable hence there cannot be a out of court settlement. 
the court proceedings are to be followed. 






T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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Are the terms and conditions of the agreed settlement okay or something else need to be added?

The terms and conditions mentioned in the agreement is okay and can be signed by both the parties before the witnesses of both sides.
The agreement though may have its own validity when the situation arises to challenge the same, this cannot entitle an out of court settlement of the case pending before court, the proceedings meant for the criminal case has to be followed scrupulously.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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Since accused no.2 does not want to sign the settlement but accused no.1 (male) does, can additional clauses be added against accd. no. 2 to make the settlement foolproof against future defamation by accused no.1?

When the second accused is not willing to compromise then there can be no compromise.
But as far as the case is concerned, the complainant turning hostile will benefit both the accused and they both may be acquitted but the second accused, who is not a party to the agreement, may move court with a defamation case for which the complainant has to face the charges. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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The complaint can be settled out of court between complainant and accused no.1 if they are ready despite the refusal of accused no.2 to be a part of the settlement. Get the settlement vetted by a lawyer. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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With mutual consent any clause can be incorporated in the settlement deed.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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