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SLong story short: My younger brother and my brother in law(married my sister – divorce in process with 498A) have fought. In the process, both of them had a Grevious injury as per the Medical certificate. Now police are filing 326 against both the parties and sending it to the court. What happens next!? We honestly don’t have that kind of time to deal with all these court issues. We’d like to compromise mutually.
Can a lawyer help me understand how we can go about this? Tia.
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BLawyer here based in Delhi.
In addition to the above, S. 326 IPC is a serious offence and is classified as non-compoundable which means that even if both parties want to compromise, the court is not bound to accept it and the case will normally proceed through trial.
However, since both sides were injured and are now willing to settle the matter, you can still file a joint petition before the court, preferably at the stage of charge or early in trial, stating that the matter has been resolved amicably. Courts, especially in cases involving family disputes or fights with no public interest element, sometimes take a lenient view and may consider quashing the FIR under Section 482 CrPC through the High Court, if both sides agree.
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