Quashing is to be done only in exceptional circumstances 

2) in this case your sister has stolen gold ornaments from shop and has been caught by police 

3) she may be sentenced to imprisonment 

4) Section 379:- Punishment for theftWhoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Let she challenge the case before the trial court denying the allegations. 

If the court convicts her then the court pass sentence as per law. 

You can talk to the shopkeeper about it and if necessary by paying some amount as compensation towards compromise settlement. 

1. Contest the trial strenuously.

2. 3 years

3. He will give consent for amicable quashing .

Better talk to owner and convince him to compound the matter otherwise she will land in jail. Show her medical history. 

Dear Client,

1. Preventing her from going to jail: Since your sister has a medical condition that compels her to steal (kleptomania), it is crucial to obtain medical records and a detailed report from her treating psychiatrist in order to present in court. Engage a skilled criminal lawyer who can argue her case effectively. If possible, you could negotiate with the shop owner to reach a settlement outside of court.
2. Punishment for theft: Theft is punishable under Section 303(2) of Bharatiya Nyaya Sanhita (BNS) or section 379 of Indian Penal Code (IPC). The court may consider mitigating factors, such as her mental condition, recovery of the stolen item, and lack of previous criminal history. These factors might lead to a lesser sentence, depending on the judge's discretion.
3. Requesting the shop owner: You can approach the shop owner and request them to give a statement to the police or the court that they do not wish to pursue the matter further. If the shop owner agrees, they can submit an affidavit to this effect. This might influence the police or prosecution to drop the case or could be used as grounds for quashing the FIR. Or, you can file a petition under Section 482 of the Code of Criminal Procedure (CrPC) in the High Court for quashing the FIR if the shop owner is willing to cooperate. The court may quash the FIR if it is convinced that continuing the proceedings would serve no purpose, especially in light of a settlement.

 Should you require any further clarification, please do not hesitate to contact us.

1. She should face trial of the case on the ground that the police has involved her in this case due to fight with the shop keeper , and the allegation of theft is wrong 

- The gold not has been recovered gold from her possession 

2. Section 379:- Punishment for theft, Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

3. You can settle the dispute with the shopkeeper , and he will assist in quashing the FIR 

If you take medical grounds then she may be acquitted but it will be proved that she has done it. But if you take denial prosecution has to prove

you should settle the matter or contest through trial,  then you can file a petition to quash the proceedings with the signed affidavit of the complainant. punishment may be 3 years.

1) after charge sheet is filed she has to apply for bail which would be granted 

2) if shop keeper is not willing to settle admit guilt and rely upon medical reports 

3) since it is first offence court may take a lenient view 

She can file an application for regular bail and if granted then she can be on bail till the disposal of the case.

2. If she is producing medical certificates about her disease called kleptomania then there are chances for the court to take lenient view to this case. Kleptomania is a mental health condition where a person feels an uncontrollable urge to steal things. Doctors believe that it results from biochemical and neurological abnormalities in the brain. A person with kleptomania may have an imbalance in the neurotransmitters serotonin and dopamine.  If a government doctor or a well known  doctor is issuing a certificate to this effect and the same is produced before court at the time of trial, then the court may discharge her from this case and may refer her to any mental health institute for observation and treatment.

3. Now you have only defense is that she is doing all these things without her knowledge because she is suffering from this disease and you have to establish the same. 

4. If the shopkeeper is not willing to cooperate then you may better contest the case properly as suggested 

Dear client,

1. Bail after chargesheet: Once the chargesheet is filed, your sister’s lawyer can apply for regular bail. The court usually considers factors such as the nature of the offense, the evidence against the accused, and whether the accused poses a flight risk or a threat to society. Given her medical condition and the fact that she has already been granted bail, there is a strong possibility that bail can be extended until the outcome of the trial. The lawyer should emphasize her medical condition and that she is not a repeat offender or a flight risk.
2. Admitting the theft: Admitting the offense could be a strategic decision, especially if the evidence against her is strong. By admitting the theft, you can focus on mitigating the sentence. If your sister’s kleptomania is well-documented, the court may consider it a mitigating factor. This could potentially lead to a lesser sentence.
3. Grounds to contest through trial: Even with CCTV evidence, your sister’s kleptomania could be used as a defense. This might not absolve her entirely but could lead to a reduced sentence or alternative punishment. If the trial proceeds, the primary strategy might be to focus on mitigation rather than contesting the theft itself. This would involve highlighting her medical condition, her treatment history, and her willingness to undergo further treatment.
4. Shopkeeper not willing to settle: If the shopkeeper is unwilling to settle, your lawyer can attempt further negotiations by explaining the situation, including your sister’s medical condition and the fact that the stolen item has been recovered. Sometimes, offering compensation or an apology might persuade the shopkeeper to withdraw the complaint. If negotiations fail, the case would likely proceed to trial. In this situation, you would need to prepare for the possibility of conviction and focus on obtaining a lenient sentence.

Should you require any further clarification, please do not hesitate to contact us.

1. Yes

2. She can take the defense that she inadvertently forgot to pay the amount for the jewelry, as the shop owner did not remind her for the payment.

- Yes, She can submit a medical report that she is suffering from amnesia and has not committed any offense of theft.

3. Reply No.2

4. If the shopkeeper not want to settle then she can prove before the Court that she has not committed any offence 

You can try your luck in HC based on sister medical report 

Any petition seeking quash of case may be filed after the charge sheet is filed, because the court may opine that it will be too early to form an idea about the case on the basis of FIR, hence yo may wit for the filing of charge sheet.

- You should wait for the filing of the charge sheet before the trial court , as there is less chances of quash the FIR before charge sheet. 

Dear client,

Quashing an FIR before the trial begins or before the chargesheet is filed, based on a medical report indicating your sister's kleptomania, is possible but challenging. The High Court may quash the FIR if it finds that your sister’s kleptomania, as supported by medical evidence, is a genuine mental disorder that influenced her actions, thus making a criminal trial potentially unjust or unnecessary. A well-documented medical report from a qualified psychiatrist, detailing your sister’s kleptomania and its effects on her behaviour, can be presented as evidence to argue that prosecuting her for theft would be unjust. However, filing a petition for quashing the FIR based on the medical report should be done promptly, ideally before the chargesheet is filed. The success of such a petition largely depends on the discretion of the High Court and the specific facts of the case. Should you require any further clarification, please do not hesitate to contact us.