- This topic has 19 replies, 5 voices, and was last updated 1 year, 4 months ago by
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UHi all,
I would really appreciate some guidance!! false 354 and 506 case has been filed..
recent situation,
Bail is granted and after paying some money to girl so i can come out of this mess, lawyer has submitted to trial court along with girl’s submission 1) to make case compoundable 2) parties agreed for settlement.
Now girl and cops asking money for her to appear in court and give verbal statement.
Can the trial court reject both the request? 354 can be compoundable in trial court? I’m worried after paying more money, the case gets rejected and i have to approach high court and again pay more money to go through the process. I’m all stressed out as i cant find the correct answer after speaking to few lawyers.. current lawyer says pay the money and once girl gives verbal statement, you have won the case.. needs the money upfront before appreance, non negotiable!!
Hoping someone can share their opinion
Bless you all!! -
BLawyer here from Delhi. Unfortunately you’re being misguided. 354 IPC was never compoundable at the instance of trial courts. And even if you have arrived at a settlement with the party, do not pay her yet.
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UThank you for your response.. so in this instance, as its not compoundable by trial court, should i refuse to pay as her verbal statement will be of no use? I m confident the case can be won but its in different city and travelling for every apprearance will drain the life out of me!! If i paid the money for her verbal statement, will it help fighting the case down thde line? Whats the best way to approach imthis situation as i’m being dragged inti paying for something that is not correct..
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BYeah you can enter into a settlement in a 354 case. Best scenario, your nightmare ends by paying money. Worth it. But if you are far more interested in justice, continue fighting. It will be tough. You’ll have to appear in court every single time. But, more often than not, you’re gonna be acquitted regardless of the fact whether you’re innocent or not because proving a 354 case is much more difficult. Oftentimes it becomes your word against the victim’s, unless there’s a record of you actually using criminal force against her. If you are as innocent as you claim, and there is no substantive evidence against you, you can get acquitted and if your lawyer is any good, perhaps even a comment by the judge noting malicious prosecution. With that you can sue her in civil court for compensation (malicious prosecution) with far greater success.
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UI’m confident the case can be won but its in different city and travelling for every appreance will drain the life out of me! I have been told the girl will not appear to record statement if no money is paid.. also as per the previous response, 354 is non compoundable by trial court so i feel this approach by their side is being taken to extort more money without any positive outcome.. how should i approach this scenario? If the girl doesn’t appear on given date, what will trial court do on that day? For those 2 submission that has been filed?
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BIt is compoundable with the permission of the court. An application must be filed to make it compoundable. The trial court will conduct an inquiry and will pass its orders. But yeah, you’ll need the complainant to be present in order to inform the court that she does not wish to prosecute. You can protect your interests by making sure the agreement for non prosecution by the complainant is written down. The same can also be submitted before the court.
Alternatively, you can approach the HC as well for quashing the FIR against you. But if the trial court has framed charges (different from a charge sheet filed by the police), then it will be difficult before the HC.
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UThank you for your response.. even i cant get a confirmation if submitting the request to make 354 compoundable to trial court will have any positive outcome and i end loosing the money i need to give in advance and if the court will give the outcome on same day or will defer it to next date.. still hoping someone on forum provide any confirmation based on their experience
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QI can confirm it’s not compoundable by Trial Court. You need to speak clearly with your Lawyer or seek a second Opinion.
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UThank you for confirming!!!🙏 kind of loosing trust in lawyer as he confirmed it will become compoundable after her statement and court will consider settlement and case will be discharged….
i believe in my best interest, to have her statement recorded and pay the money and if at all trial court disagrees with anything then atleast HC they can refer to her submission of not proceeding with case and settlement..
the only thing hovering on my mind is what should be included in settlement papers so it doesn’t fire back at me.. currently its mentioned simply with not to proceed further as have agreed to settle..
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QIt would make sense to have the following as well: “unconditionally settled”, “no grievance, claim and action against the Accused”, “full and final settlement”, etc.
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UThere’s no way Section 354 IPC gets compounded. The only way out is if the witnesses and the victim change their statements in court, leading to the case being dismissed.
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UThank you for confirming!!!
On 1st date bail was given and other party was given money and lawyers submitted in writing requesting to make it compundable (which cant be done as advised) and that girl doesn’t want the proceedings to take place and agreed for settlement.. (amount given not mentioned in submission) now the lawyer says the written submission which was signed by both parties holds no value until she appears and gives verbal statements ( lawyer has not advised what statement will be given) also likely the judgement will not be passed on that day itself ( i might be wrong) so will have to make one more trip to find out the outcome..
if trial court rejects it, i will have no option but to approach HC for quashing but the girl will again demand money for each appearance she needs to make.. also does anyone know roughly how much is HC quashing fee? sorry if i’m being complicated..
Also giving money before her giving statements is making me really uncomfortable..
Should i pay and get her verbal statements recorded regardless of outcome or decline and take it straight to HC so they miss out money currently planning to get off me..
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UUnfortunately, the judiciary often tends to favor the girl, and in most cases, you may end up covering court expenses and lawyer fees. If you ask me, I’d advise you to have your lawyer speak with her lawyer to arrange a proper settlement. It would be best if you settled the matter by paying her accordingly.
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UJust a question please, if verbal statement is recorded in trial court and lets say it doesn’t go in my favor because ipc being compunded and all, and have to approach HC for 482, does she need to appear again to record her statement or HC will refer to trial court judgement and start trial again or discharge the case as girl has agreed to settlement and doesn’t want to proceed further with case?
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