Short history: Me and my wife got married in Jan 2017. After 2 months my father in law tried to kill me with knife but I escaped with few minor injuries and IPC 307 case has been registered. There are no eyewitnesses. Only circumstantial witnesses. Also few information has been modified about the case in the chargesheet like: My father in law was taken to the police station from the scene of crime, but in the report it is mentioned as he was captured the next day morning. I feel the case is not so strong and Now if want to settle the matter. What measures can I take to prevent any complications from him later and also can I take any written statement that he will not bother us from now and he would be responsible if he tries to harm us. Firstly, does any such written statement be valid in the court in case he further threaten or wants to harm us. The case is in sessions court. Are there any other areas or ways I can postpone the case for a few years. I want to know about all the options. Our priority is not punish my father in law but to find a way to handle this situation so that we have an upper hand in case he tries to harm us further after we settle the case in case we settle it.
Firstly you cannot punish your father in law, your duty is completed after lodging the complaint.
The police only will prosecute the case.
If it is non compoundable then you cannot even compromise and withdraw.
Besides, no such agreements is valid or enforceable in law.
Therefore instead of trying such options better allow the case to continue in the same status, let the court decide the fate.
Criminal cases take over 10 years to be disposed of
2) your father in law can file petition in HC for quashing of case based on settlement arrived at between parties
3) however it is doubtful that HC would agree to quashing in case of serious case like attempt to murder
4) Offences like Section 307 of the IPC have a serious impact on the society and cannot be quashed in exercise of the powers under S. 482 of the Cr. P.C, solely on the ground that the individuals have resolved the dispute amongst themselves,Kerala HC has held
Dear client,
Firstly, it is important to note that settling the matter with your father-in-law outside of court would not absolve him of his criminal liability for attempting to kill you. The criminal case will continue to be heard in court regardless of any private settlement you may reach with your father-in-law.
As for your question regarding a written statement from your father-in-law, such a statement may not hold up in court if he chooses to violate it in the future. It is also important to note that attempting to obtain a written statement from him in exchange for dropping the charges could be considered extortion, which is a criminal offense.
If you are concerned about your safety, you may consider obtaining a restraining order against your father-in-law. This would prohibit him from contacting or approaching you and your wife. You can discuss the process of obtaining a restraining order with a lawyer.
As for postponing the case, it is not advisable to do so as it could result in negative consequences for you and your case. The best course of action would be to consult with a criminal lawyer who can review the details of your case and provide you with specific legal advice on how to handle the situation.
- As per the Punjab High Court order in the matter of Gian Singh v. State of Punjab, (2012) 10 SCC 303, it was held that the High Court has the power to quash FIR/complaint on the basis of a compromise arrived at between the parties while exercising its jurisdiction under Section 482 Cr.P.C, provided it has to be exercised in accord with the guideline engrafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender and the victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.
- Hence, if you settled the disputes with him , then he will have to approach the High Court for quashing the FIR after entering a Compromised Deed with you .
- Further, in this Deed you can mention that you are going to compromised with a guarantee of him that in future he will not interfere in your personal life and will not repeat the same.
You can try filing joint quashing application in HC and try to quash the case
Thank you for your valuable suggestions. Greatly appreciated. Further, me n my wife are trying not to take the case forward. I want to know what is it being hostile in the trail as I have been suggested this by the public prosecutor. Would like to know if there are any consequences if me n my wife become hostile n give hostile statements. Can my father in law then file any charges on us after this case as I'm th complainant, will I get into any legal trouble for compromising the case. Or is it legally okay to become hostile. Can I hire a lawyer to represent my case as I see the public prosecutor not so serious about the case n looks like he/she is on the other side. How much possible it is ? What is compromised deed ? Is it valid for criminal cases, I mean for my case ? People say will get it in writing by my father in law n get it notarized, is it same as compromised deed ? I'm assuming that there are two options here: 1: Becoming hostile which will have its consequences n it's like losing the case n then my father in law can file case against me. 2: filing a quash petition hoping for quashing. So in this case will my father in law have advantage n can he file for damages if we are trying for quashing Please try to answer all my queries
You are at liberty to compromise the case
2) you can turn hostile
3) you can engage lawyer to assist the prosecution
4)quashing is to be done only in exceptional circumstances
5) on basis of settlement arrived at between parties quashing can be done by HC
If your father in law is compromising on all the aspects with you then you can turn hostile during witness examination when you will examined in chief.
It cannot be predicted that if your father in law may take any other vindictive action in furtherance, however you are at your liberty to lodge a fresh complaint then.
The public prosecutor will do his duty because he is a government servant.
No lawyer can argue your case even if you engage one, the lawyer you may engage cannot travel beyond assisting prosecution, hence there is no use of it.
An unregistered compromise deed is not enforceable in law, it can be obtained for the sake of threatening him.
1. You can turn hostile witness only when you enter into a compromise with him, therefore it is not losing your case, but it is as good as he remains silent after that especially when a compromise has been arrived at mentioning all the incidents.
2. You are the complainant hence you cannot file a quash petition.
If her files a quash petition then you may have to support his quash petition by filing no objection to it stating that a compromise has been arrived between you both, which will be recorded in the order.
Yes all rights do both the parties are reserved to seek appropriate remedies of law