Legal Question in Criminal Law in India
NIA 138 case was regd in UP & FIR was lodged u/s IPC 420 later 2 parties arrived at the settlement Q1. Can complainant withdraw NIA 138 case from trial court? Q2. Can FIR be quashed & which court?
Asked on 1/06/12, 11:16 pm
4 Answers from Attorneys
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
420 is a compoundable offence and the matter can be settled in the trial court itself.
Answered on 1/06/12, 11:17 pm
Sanjay Kalra
Sanjay Kalra & Associates
The answers to your queries are here in below :-
1) Yes the complainant can withdraw the complaint u/s 138 NI Act in the trial court.
2) Once the FIR is registered ,the High Court is the only court to get the FIR quashed and not the trial court as mentioned here in above.
Answered on 1/07/12, 1:03 am
Aniruddha Pawse
Aniruddha.P.Pawse Advocates
yes 138 can be withdrawn by complainant. S420 case can be componded
Answered on 1/07/12, 3:10 am
Shrichand Nahar
S.V.Nahar, Advocate
Both sections are compoundable. Approach both the courts with appropriate applications.
Answered on 5/25/12, 10:25 pm
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