Legal Question in Criminal Law in India

Dear client u cannot do compromise in sec 304 b. For any legal help call me

Adv prasad patil

9604349028

8446247807

Dear Sir

The case should have been of 306 and not 304 II. However, i recollect the Judgment of Justice Markendy Katju who said that in every case of 306, 304 II should also be incorporated.

However, in any case, the Complaint can never be withdrawn, and since it is non-compoundable offence, it can also not be Compounded.

However, based on the Settlement, you can go for Quashing Petition in the High Court u/s 482 of the Criminal Procedure Code. Do not mention the ground that case is settled, but that the "Complaint" is not wanting to proceed further with the Compliant, and that such compliant was filed under wrong assumptions.

There are judicial precedents, that proceedings even under 306 can be quashed u/s 482 of Cr.P.C on the ground of settlement (in some cases) or that complaint was filed under wrong assumption.

I had one similar case under S. 306 where a suicide was committed and after almost 8 years, we preferred quashing Petition in High Court, and the High Court quashed the proceedings upon the affidavit of the complainant that Complainant do not want to proceed with the compliant and that he had filed the complaint under wrong assumption.

You criminal case can be quashed. However, this will depend upon facts of your case.

Should you have any question or need any help, then feel free to contact me.

Best Regards

Vivek N Mapara

www.vnmlaws.com