Legal Question in Criminal Law in India

There was a small road side fight between me and a localite in bangalore, karnataka and I have been charged against section 341, 323, 504.

Police is not taking my counter FIR and is saying that the case will be sent to Lok Adalat instead of court as the offences are compoundable, where both the parties can compromise. I am trying to reach the other party for a compromise in a common person's house.

In case, he agrees to compromise, what document should I get signed from him and witnesses so that he don't fall back on his committment in Lok Adalat . If he agrees to compromise, is it even necessary to send the case to Lok Adalat. What in law stops a complainant from taking his FIR back in case of a compromise for compoundable criminal charges.

Kindly, help me. This is first time I am facing law and is totally unaware of proceedings here. Also, I would appreciate if some format of a compromise letter can be shared.

Regards,

Ketan


Asked on 4/17/14, 12:13 am

1 Answer from Attorneys

Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

If the police is not registering your FIR, then you may complaint to the Area magistrate u/s 200 CrPC along with an application for registration of FIR u/s 156(3) of the CrPC. As far as the present case is concerned you have no say in the matter as the case can only be compounded by the complainant. Wait for the summon from Lok Adalat and apologize to the complainant there and I am sure your case would be end there.You may drop in a detailed query at [email protected]

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Answered on 4/17/14, 12:49 am


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