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Last Updated On 16-Apr-2019
Criminal

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

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,

12-Apr-2018

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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.
Posted On 16-Apr-2019
Vidhikarya
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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.
Posted On 13-Apr-2018
Vidhikarya
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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.
Posted On 13-Apr-2018
Vidhikarya
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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.
Posted On 12-Apr-2018
Vidhikarya
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Sir,
During the TRIAL time the de facto complainant can turn as hostile witness.Then automatically the accused in this case gets acquittal.
Posted On 12-Apr-2018
Vidhikarya
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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
Posted On 12-Apr-2018
Vidhikarya
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