Legal Question in Criminal Law in India

Joint Petition
Original complainant would like to cooperate with us ,since she is not interested in continuing the case.she has lodged FIR with economic offences wing in 1997, till today case in partial heard status .Can the Joint application bemade at High court ,Mumbai for dischare along with her ?what are the possibilities for aquittal.sections are420/409/406/467/468 etc.Please advice.Thanking you.Earlier I had made similar question on 31-3-2008 but I didnot receive reply.Please do needful.Thanking you.

Asked on 5/13/08, 3:57 am

6 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

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Re: Joint Petition

Its the court discretion always, however you can take chance for quashing before the Hon'ble High Court.

Answered on 5/24/08, 12:27 am

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Parmanand Sharma Sharma

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Re: Joint Petition

First of all I want to made it clear that Section 409 and 406 can not be applied jointly. Only 409 or 406 single can be applied. The court can not discharge you. The all you can do is that the accused can file quashing of F.I.R and complainant will join with you and file an affidavit to the same fact and the High court can quash the F.I.R. but if Section 409 is applied then it shall be difficult.

Answered on 5/13/08, 9:08 pm

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Shrichand Nahar S.V.Nahar, Advocate

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Re: Joint Petition

One can not compound non-compoundable offences.

For other practicle ways, kindly consult your lawyer.

Answered on 5/13/08, 4:58 am

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Re: Joint Petition

Chances depend upon merit of the case,however,you may go for quashing of FIR u/s.482 cr.p.c.before HC.

Answered on 5/13/08, 5:09 am

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Vijay Chandavale Advocate Vijay Chandavale & Associates

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Re: Joint Petition

By cosnent parties can withdraw the private complaint . However in the said sections it is discretion of Court to allow settlemtn or not and u can't as a matter of right do the same.

Answered on 5/14/08, 8:57 am

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