I have filed a FIR against 3 parties under IPC 420, 120b etc. The 2 parties are in jail for various other cases. The two parties in jail have requested for compromise and hence i have sent a signed compromise agreement on stamp paper to them. Both the parties have signed compromise but the 3rd party is not signing compromise neither refusing to do so. He has major responsibility in the compromise and hence without his consent compromise cannot be executed. The police has said that they cannot help me as compromise is matter between parties. whenever police try to pursue the case the third party argues that we all are compromising but in real he is just wasting time and eluding police. My high court lawyer has informed me that i can file case under 482 but he advised me to take opinion from lower court advocate also as high court is situated in other city. Is there any provision or act where i can file application in lower court where i can request court to instruct party to either accept or reject offer in stipulated time and instruct police to finish investigation if compromise is rejected by the party?
Hello Sir,
Please be advised as follows:
If the third party is not ready to sign the compromise agreement, you can continue to file the FIR against the third party and ask the political register the charges.
As a last resort, if you want you can send third party a legal notice, asking him to sign the compromise agreement within a stipulated time else you are entitled to register a case against him under the aforementioned sections.
Please revert in case of query for consultation.
Thank you.
1. To make out of court settlement signature of the parties is not required in criminal case as the case is non compoundable and hence you can not rely upon the same for making the compromise.
2. In non compoundable offence the complainant can testify in court so the accused person can be acquitted by court.
3. If you are a de facto complainant then the accused person can file quashing petition even sitting in jail wherein yu can file your affidavit of consent on which basis the court can quash the case.
Every accused has their own separate criminal liability not dependent on other accused wish. They both can file quash petition in court on the basis of settlement, their name will deleted and investigstion against their accused will continue.
And if you compromise with two police will exclude them from charge sheet and third will be charged.
you cannot force party to accept or reject your compromise offer
2) file for quashing in HC as advised by your lawyer
Dear Sir,
You can file a petition under Section 482 of CrPC seeking quashing of all the proceedings arising out of the FIR if the offences are not compoundable under section 320 of CrPC. You ll have to file the compromise deed along with the petition. If any parties to the agreement retract from the settlement one can always approach the appropriate court for the grant of specific performance of the compromise agreement.
Hi,
It is suggested that on next day of hearing, you asked through your counsel regarding the time taken by them for completing the compromise and if not disclosed clearly, don't accept the compromise and proceed with the case.
Yes you can do that and get the FIR quashed
See there is no provision of compromise as such if the accused is not ready to compromise and there is no compromise on record the police can go ahead and can file charge sheet and the court can commence the trial you do not wait for him to sign he will come running once the trail start.
Hello,
You can file a petition under section 482 of the cr.p.c. in the HC and tell the court that the parties are ready to settle but are not settling and on the same pretext are not participating in the investigation also.
On these grounds you may request the court to send the matter to the mediation center of the HC.
Regards
Dear client
The lower court cannot interfere in the investigation process of the police as directed by the hon'ble supreme court. But you at time of appearance of accused in the court that is on the date court give to summon accused you should also be present in the court and tell your lawyer to explain the situation to magistrate and ask magistrate to intervene and ask the third person about compromise situation whether yes or no.
based on compromise settlement you can move High Court for quashing the case.
1. Legal advise given to you is prima facie flawed. I am unable to comprehend as to what relief can you seek in a 482 petition in the given scenario.
2. Two parties are agreeable to compromise, whereas the third person who has major responsibility is not. So no court including the SC can direct a party to decide whether to compound the offence.
The police is right in opining that the compromise is purely a matter among the parties to dispute and they cannot interfere in it, as a matter of fact even the court cannot interfere in the said process, especially if one of the parties is not agreeing for the compromise.
Since it is observed that the unwilling party is trying to delay the police process of investigation and registering FIR, you may ask the police to proceed with complaint legally, and request the police to not to entertain any request from the unwilling party in this regard anymore.
You can neither approach lower court seeking a direction to the party to accept the compromise, it cannot be thrust on him forcibly.
