Legal Question in Criminal Law in India

The dispute was happend between 3 brothers & nephews due to some property(farms) issue in 1999.

opposite party has logged the cases on his eldest brother & nephews under act 323,324,504,506,307,436(fire) & 25A.

we have also logged the FIR on opposition party under act 323,324,504,506. At the time of dispute one person of our party was below 18yrs( 17.6 yrs).

No verbal evidence was performed before the court from any side.Dstrict court has punished us by imprisionment

under these diffierent cases ( max 5yrs under act 307 ) in Nov'2010 & they are completely free by the court. Now we are on bell from high court .

I have asked my question in this portal to skip court punishment in the above scenario and somebody has answered that if the opposite party withdraw all the casees before the district judge and accept the compromise then the district court will suspend all the sentences against us. But enquiring the same possiblities to the local lawyers they have told that there is no such type of rulings in the constitution to suspend the sentences.

Can anyone tell me under which ruling of constitution this is possible.


Asked on 2/11/13, 12:39 pm

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

If both the parties compromise with each other , in that eventuality you can move an petition for quashing of FIR before the High Court and the High Court would quash the same . As many sections in your message are non compoundable which cannot be compounded by the Sessions court.................Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/11/13, 11:21 pm
Shrichand Nahar S.V.Nahar, Advocate

Both parties need to approach High Court for quashing in view of compromise.

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Answered on 10/02/13, 10:37 pm


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