Respected Lawyer, 2 of my friends, One a Plaintiff and another a defendant. Plaintiff puts a Case and FIR lodged against his own friend in a case of 420, 406 and 34. The defendant is out on bail. FIR is logged against 3 persons FIR is lodged against 3 persons, lets call them X, Y and the defendant. All that defendant did was introduce the Plaintiff to X and Y. Now the plaintiff and Defendant has settled the matter between them and defendant has agreed to pay the plaintiff some money which is agreeable mutually to both. Plaintiff is ready to withdraw the case against the defendant but do no want to withdraw the case against X & Y. What is the full process and what documentation and were has to be done? pls give a permanent solution as both are friends thanks a lot
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1)FIR can never be withdrawn since its a cognizable offence and the same can only be quashed by the High Court.
2) it is a police case or private complaint etc. If the case is a private complaint initiated by the complainant in a court it can easily withdrawn at any stage with the permission of court as per section 257 Cr PC. But a police case cannot be withdrawn after its initiation by the complainant. .
For removing the name from FIR you need to quash the same from high court by filing quashing petition
The complainant can file a petition under section 320 cr.p.c. for compounding the offences against the defendant/accused.
However as per the provisions of law under section 320 cr.p.c , in view of the compounding of the offence, once the offence stands compounded, no one can be prosecuted under the offence as Section 320 Cr.P.C permits the compounding of the offence but not the compounding of the offence against individual accused. The offence is compounded as a whole or is not compounded.
Therefore the offence against the other accused would be compounded automatically if the defacto complainant files a petition to compound the offence under section 320 cr.p.c. against the defendant alone.
1. In criminal cases parties cannot settle the dispute with documentations between them.
2. It can only be done by two ways either complainant can give statement to police in favour of that accused after settlement if challan have not been filed by police in court or giving statement in favour of that accused in court.
On basis of settlement arrived at between plaintiff and defendant the defendant can file petition for quashing in HC under section 482 of cr pc
1. ONLY in case of private court case, the select name of Accused persons can be withdrawn by filing appropriate application. HOWEVER, IF case is filed in Court by Police, THEN case against accused no. 1 (defendant-friend) CANNOT be withdraw by Plaintiff (Complainant-Friend), since once a FIR and Charge Sheet is filed, ONLY the court can acquit the accused/s, AFTER conducting Trial proceedings.
2. During Trial, you can give your witness-statement that you have no grievance against defendant friend and he is not responsible for any crime.
See the accused that is friend can file a consent quashing petition before the high court that the complainant and accused has settled and he was not directly involved so his name from FIR and further proceedings can be dropped.
1. Section 406 and the related 420 are not compoundable for which she can not withdraw her complaint before the police station against the defendant.
2. the accused persons shall have to face trial.
3. However, if she withdraws her complaint against the defendant before the police, then the police will not file the charge sheet agains the defendant for which X & Y also shall be exonerated since they were just introduced to the Complainant.
1. Plaintiff is at liberty to withdraw the civil suit and continue the criminal case against all defendants.
2. The complainant can also compound the offence qua one of the accused in the criminal case. An application to seek permission of court to compound the offence has to be filed.
Charge sheet filed or not. If not than police will delete name of defendant as no involvement in crime. Plaintiff will submit to police that his friend has only introduced them and not cheated you.
- Section 420 IPC is a compoundable offence, and it can be compromised with the defendant /accused , but section 406 is non compoundable offence i.e it cannot be compromised .
- Hence, the Plaintiff cannot settled , except quashing from the High Court.
- Yes, the defendant/accused , who has compromised with the plaintiff/complainant can be free from the case after filing a petition under section 482 CrPc before the High Court .
- Further the case will be continued against the two other persons i.e. X & y , and they will have to face trial .
- Just prepare a compromise deed /settlement deed on Rs.50/- stamp paper with that Defendant , and attach it with the petition , along with identity & address proof .
- On the fixed date of hearing , you will have to appear before the Court for giving your consent , that you have settled the dispute with the said defendant and dont want to pursue further against him.
- That same date order will be passed for removing the name of that defendant , and X & Y will have to face case.
Good luck and dont forget to rating Positively.
