Legal Question in Criminal Law in India

are sec 406, 408, 420 compromisable

dear sir,

My friend used to work for a company which has filed a suit against my friend on sec 406,408,420 stating that my friend has provided some information to rival company, the management also forced my friend to write a letter to accept that he had gone to one of the employees house to collect the information inorder to help the rival company. My friend has initially applied for quashing of the FIR in magistrate court then by district followed by High court but all the 3 courts didnt quash the FIR. all the three courts want us to go for a trial in the magistrate court.

Now the company management wants to compromise with my friend, 1) I would like to know whether sec 406,408,420 are compromisable. 2)I would also like to know what are the procedures to compromise in the above sections? 3) Will the management ask my friend to give any letter in writting again, to accept the allegations made on him earlier that he was trying to gather the information to help rivals which is not true at all?

In these above conditions i request u to guide us. thanking u in advance


Asked on 6/05/07, 9:55 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: are sec 406, 408, 420 compromisable

An offence u/s.406, 408 & 420 can be compromised as per provisions of section 320 Cr.P.C. with the permission of the Court. The terms and conditions of the compromise should be discussed and decided in the light of facts and circumstances of the matter.

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Answered on 6/06/07, 1:56 am
G. M. Gupta gmguptaandassociates

Re: are sec 406, 408, 420 compromisable

first of all dont give any such statement in writing or verbally that he has done something wrong.

the sections are compoundable and you need to move a joint application that the matter has been compromised and permission may be granted by the court to finish the matter.

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Answered on 6/07/07, 12:44 pm
Vivek Mapara Mapara Law Firm

Re: are sec 406, 408, 420 compromisable

A) Yes the offences are compoundable i.e. they can be compromised

B) For compromising the offence, permission of the court has to be taken by making a simple application and filling declaration that parties have compromised inter se

C) I cannot say if the company will ask for any confession in writting, but if they do so, then i advise you not to give any thing in writing.

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Answered on 6/05/07, 1:33 pm


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