Any criminal case is based on the police report filed or is initiated with the application from the aggrieved party to the Magistrate. These two ways have been provided to an applicant in order to register a criminal case. Whenever a crime takes place, these crimes are considered to have taken place against the state, when a crime takes place, it is not only a relationship between the victim and the accused, but the state is related to the victim as well.
On the basis of an application from the victim, the state will register a criminal case on the behalf of the victim. In major criminal cases, the victim would not have the option to compromise with the accused.
Some cases, though, have been mentioned where rights of the victim as well as other people have been encroached, so it is not only the victim who could compromise. For further information on the subject, you could contact criminal lawyers in Ranchi or your own city.
Compromise
There is a possibility, in situations where long trials of cases do not go on, but rather the parties take the initiative to settle the matter in between by compromising amongst themselves. Normally these compromises happen through the Lok Adalats.
Benefits of the compromise-
There could be various benefits of compromise, which have been enlisted below-
Cases could be disposed off quickly
There would be no unnecessary wastage of time and money in litigation
With compromise amongst themselves, the sense of mutual affection and harmony amongst the parties would be ensured.
Cases which are eligible for compromise-
There are two types of cases, where the parties could agree for compromise, which have been mentioned under Section 320-
Cases where the compromise could be made without the permission from the court.
Cases where compromise could be made with the permission from the court.
The cases mentioned in the first point are of general nature while cases mentioned in the second point are relatively serious in nature. Section 320 of the CrPC provides for such cases.
It has to be mentioned here that the offences which have been mentioned under section 320 could be compounded, but not in other cases.
Cases not falling under Section 320-
Cases which are not compoundable
Offences which could not be compounded with the permission of the court. If the parties wish to compromise in cases which do not fall under the purview of Section 320, it would not be allowed by the Court.
For example, cases filed under Section 307 of the IPC, where the accused has been released on parole, because-
If the case is 20 years old
The parties to the case were agriculturists
There was settlement between the parties.
Compromise has been allowed by the court in the following cases-
Section 324 of the IPC
Section 323 of the IPC
Section 324 and 325 of the IPC
Cases filed under Section 307 of the IPC where the accused is an advocate
Cases which have been filed under Section 138 of the Negotiable Instruments Act, etc.
However a permission to compromise will not be granted in case of illegal abortion. Compromise could be allowed in cases which are general in nature where the parties reach an agreement and cases which are negotiable.
Effect of the Compromise-
Effect of these compromise will be the acquittal of the accused
There was this one case where a compromise was done on behalf of the deceased. The person asking for a compromise is dead, then in such a situation, a compromise could be made by his legal representative on his behalf.
Lead India offers you a team of experienced advocates who have been successfully dealing with the cases related to civil as well as criminal offences. If you wish to talk to a lawyer or seek free legal advice online, you may contact our criminal lawyers in Mysore or criminal lawyers in Faridabad
or in your own city.
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