Legal Question in Criminal Law in India

I was cheated in a land deal by some criminals, who faked the identity and also opened a bank account in the fake name, where I deposited substantial amount as advance and other amount following an agrement to sell, which was executed. Later on it turned out to be a fake deal with fake ownership, while land was real with some other owner. I filed an F.I.R. against the accused persons, which was duly registered and the investigations are in-progress. The criminals had been absconding. Now I had reached the criminals through my own sources and now they want to settle the matter with me by offering some money ( not in full). The query is that can I, at this stage, make a legal compromise or not ? I feel it will not be possible for me to make any written compromise in the matter and I won�t be able to withdraw the complaint. If position is such, then how do I tackle the accused approaching me for compromise and offering some money�����.. any legal way out? Pl. let me know.


Asked on 10/25/15, 12:13 am

2 Answers from Attorneys

Vivek Mapara Vivek N. Mapara

Dear Sir

You cannot withdraw a Criminal Complaint, and for the sections charged here, even compounding is not permissible. However, if you really want to compromise and are satisfied with the amount offered, then you can approach the High Court of your State u/s 482 of the Criminal Procedure Code, to QUASH the FIR on the ground that Compromise has been attained between the parties.

However, if you do not want to Compromise the matter, then you can hint the I/O regarding the whereabouts of the Accused person and the fact that they are approaching you. They will find out the location and other details and there after can arrest them.

So, if you want to compromise then legally there is way out. And if you do not want to compromise then there can no pressure upon you.

Should you require any assistance, then feel free to contact me.

Regards

Vivek N Mapara

vnmlaws.com

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Answered on 10/25/15, 1:04 am

dear client file case of cheating and forgery against them under sec 420, 463 and 464 of Indian penal code. for any legal help call me

Adv prasad patil

9604349028

8446247807

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Answered on 10/27/15, 12:03 am


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