Regarding the settlement in case in section -467
4 years ago
Good Morning Sir,
The case is regarding my brother which is in the custody from last three months. The case is in section 408, 120 b, 420,467,468,471,66c, 477 A.
The charge sheet has been filled. Bail application has been pending in session court. We are going for settlement in a fix amount. The case is state vs accused. And case is in lower court and charge is going to frame from next hearing.I need guidance in following -
1. Is these section Compundable?
2. Can this case be settledown in one or two hearing. Or required a long process after the paying the fix amount to the party.
3. It can be settle in lower court or need to go high court?
4. How and when accused can came out from jail?
Looking fwd from the positive response.
Thanks & Regards
D R Agrawal
Responded 4 years ago
D.R Agrawal, Advocate
Ex. Deputy Advocate General
High Court of Chhattisgarh
Raipur & Bilaspur, Chhattisgarh
It cannot be settled in Lower Court most of the offences are non compoundable. Two options you have. One is get hostile all the witnesses, secondly approach High Court under Section 482 CrPC and get quash charge sheet or get a direction to the Lower Court to stop the proceedings as the matter is settled.
Suneel Moudgil
Responded 4 years ago
2. Better to move high court to quash FIR after settlement, will take time
3. High Court
4. after settlement, chances are fair for getting bail from the session court
D R Agrawal
Responded 4 years ago