Can a criminal case be quashed if the victim is ready either for compromise or doesnt want to run the case. Can a criminal case be quashed if the victim is ready either for compromise or doesnt want to run the case.

6 years ago

hello sir,
My bother has been suspected in a criminal case under section 380, 454, 457 of ipc. He confessed infront of the police after getting all the bad treatments by them. Two years back an incident occured where my brother had stolen an amount from my uncles house. my uncle lodged an FIR and a case is pending against him under section 380,454,457 of ipc.
25-30% of amount is shown as recovered when filing chargesheet. Is it possible for my uncle to withdraw the case in any manner. What can be done if the case has to be compromised or quashed. So no further criminal charges be binding on him.

thanks,

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client in your case your uncle should depose before the court that he has now no more grievances against the accused as because the amount has been recovered, and he should file a prayer before the court for such along with an affidavit in this regard.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Purbasha Roy

Responded 6 years ago

A.Dear Client, It is possible for your uncle to withdraw the case but only if he wishes to do so. According to IPC section 454 and 457 has rigorous imprisonment and fine both as punishments. In my expert opinion I would suggest you to have a direct conversation with an advocate who is expert in these matters.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 6 years ago

Mam,

Placeholder image

Anonymous

Replied 6 years ago

What if my uncle is ready to do so. Does the case get closed as it is. Or still the charges are binding upon the accused as the case is against my brother and state.

Placeholder image

Anonymous

Replied 6 years ago

Placeholder image

Purbasha Roy

Replied 6 years ago

If your uncle is ready to do so then tell your uncle to prepare a petition and file it before the H'onable Court and tell him to pray before the Court to withdraw the complaint. But In this process your uncle might get into trouble for wasting Court's precious time.

Placeholder image

Anonymous

Replied 6 years ago

what trouble? in case.

Placeholder image

Anonymous

Replied 6 years ago

what trouble? in case.

Placeholder image

Purbasha Roy

Replied 6 years ago

That would be the Judge's discretion. Although I might help you with the exact remedy you are looking for but to get the remedy you have to come to a direct conversation with me. So kindly call on the toll free number 1800-120-3313 and get legal advice.

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

NILANJAN CHATTERJEE

Responded 6 years ago

A.If the charge sheet has been filed before the court then, there is nothing to be done to to drop the case. Ask the person who will give their deposition before the court as evidence to depose that they are having no knowledge of such act.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 6 years ago

s

Placeholder image

Anonymous

Replied 6 years ago

Sir, i didn't get you. But he has received the recovery amount. then?

Placeholder image

NILANJAN CHATTERJEE

Replied 6 years ago

He has but a theft is a theft and will be punished when caught. Ask your uncle to file a petition before the court to drop the case. But I don't think the court will agree to it because the chargesheet has been filed.

Placeholder image

Anonymous

Replied 6 years ago

okay. So non can be done. He will be punished afterall.

Placeholder image

Anonymous

Replied 6 years ago

okay. So non can be done. He will be punished afterall.

Placeholder image

NILANJAN CHATTERJEE

Replied 6 years ago

Yes but give it a try with petition

Placeholder image

NILANJAN CHATTERJEE

Replied 6 years ago

And try to see that all the persons who will be giving evidences state that they are not aware of the incident.

Placeholder image

Anonymous

Replied 6 years ago

Sir, can i get your personal email.

Placeholder image

NILANJAN CHATTERJEE

Replied 6 years ago

There is a consult button right below my name in the vidhikarya profile. kindly click that button for consult request and fix up an appointment there.

Placeholder image

Anonymous

Replied 6 years ago

okay

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ambrose Leo

Responded 6 years ago

A.Being a Family matter & case filed against your brother & his confession of the crime are matter of fact, so he cannot escape punishment.Only the withdrawal of complaint by your uncle being original complainant is the remedy. In order to help your brother you have to coordinate act quickly before the sentence & punishment.It is better to consult a Professional criminal reputed lawyer to help you out.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 6 years ago

What about if my uncle Submits that I my brother wasn’t there or he has not done the crime to the court. In that case is there any option for him to get acquitted.

Placeholder image

Ambrose Leo

Replied 6 years ago

yes, your uncle can submit before the court and also pray for withdrawal of the complaint and acquittal of the accused.

Placeholder image

Anonymous

Replied 6 years ago

okay sir, but what about the recovery shown by the police. Can it be manipulated?

Placeholder image

Anonymous

Replied 6 years ago

and even what about Police Diary.

Placeholder image

Ambrose Leo

Replied 6 years ago

It is not easy when the criminal case is before the court. It is the court matter & take all the procedures & rules laid down by the law.Take help & guidance immediately to avoid serious consequences.

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Johnson Thangiah

Responded 6 years ago

A.Sir,
During the TRIAL time the de facto complainant can turn as hostile witness.Then automatically the accused in this case gets acquittal.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ved prakash Shaw

Responded 6 years ago

A.It is a theft case.Amount is recovered from the accused.so this Case can't be quashed.But there is way to compromised.Victim will deny the involvement of accused in the theft crime while giving evidence during trial in the court.Then only Court will acquitt the accused
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 6 years ago

And after this will he be acquitted. And what would be the role of police. Because they might show the written application in which they took sign of my brother.

Placeholder image

Ved prakash Shaw

Replied 6 years ago

Yours advocate will suggest to the police during cross examination in the court that the police took signature of accused on the blank papers forcibly.The evidence and statement before the Court will stand.Not the statement before the police.

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconThreating and Blackmailing
Dear Client, Blackmailing, which involves monetary demands is a serious offence under Section 384 of IPC. Further, threatens to injure the person or his reputation is a punishable offence under Sectio...
question iconJASVEER Singh
Dear Client, If you are arrested: 1. You must be informed of the reasons for your arrest (Fundamental Rights : Article 22 and Sec.50 Cr.P.C.) 2. You have a right to see the warrant if you are arrest...
question iconNon supply of water by land lord
Dear sir, If you are not comfortable with services rendered by land lord, you need not pay any rent. File a suit for injunction and seek interim relief for supply sufficient water as it is basic neces...
question iconNeighbour in our building imposed fake allegations
Dear Sir, Get issue a legal notice claiming liquidated damages of Rs.2,00,000/- for falsely spreading rumors about the theft committed by your child and your wife.
question iconNeed advice
Dear Client, Given the circumstances, it appears that the person you lent money to is attempting to coerce you through blackmail. In such situations, seeking legal recourse is advisable. You may co...