Legal Question in Criminal Law in India

Dear Sir,

A civil case is running in court related to the land property.

The content of the case is that somebody has forged my signature on a document and submitted to the court to withdraw the case and eventually the case is withdrawn. Once I came to know this, I filed a case against the above fact. Now, the trials are going on. In the meanwhile, my signatures sent for forensic lab. and now the reports came and is about to open. A year back i have filed a complaint to police station forwarded through court. So, they have not filed an FIR.

In this situation, the other party came for compromise but not the forged person. He is different.

My questions is that

Can I go compromise in civil case but keeping alive the criminal case? or

Can I file a separate criminal case on accused?

Can the forwarded complaint is sufficient to continue as a criminal case?

Please give me suggestion what step I can take.

Thanking you,

Sincerely,

Eswar


Asked on 4/05/11, 2:34 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

civil profile of an offence does not prevent its criminal outfit. this is the law. you may compromise the civil matter without compounding or quashing the criminal matter. f.i.r is must and complaint is not sufficient.

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Answered on 4/05/11, 2:36 am
Shrichand Nahar S.V.Nahar, Advocate

A civil case and a criminal complaint are different.

You may compromise your civil case, but you should be careful while drafting compromise terms of the civil case so as to ensure that same has no adverse effect on your criminal case.

About separate criminal case, you have stated that case has been sent to police and FIR is yet to be registered. In such case, what is being in your mind is not clear.

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Answered on 4/09/11, 2:40 am


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