Arrest after settlement of the case under section 380

Tilak Marg Forum for Legal Questions Forums Criminal Law Arrest after settlement of the case under section 380

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    • #2681
      Anonymous
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      Dear Sir I just want to know there is a old 2010 case 380 the advocate is already taken settlement amount in the year 2013-2014 bt now in July 2017 they got a cal from constable and advocate and said u have to present the court otherwise warrant will issue. Thereafter our friend is gone to court for peeshi and suddenly conistable has arrest my friend since twenty two days his is jail and that advocate is not approaching and not communicate with our friends family members they don’t have any idea what do to. Kindly help me

    • #2683

      Though you have not clarified, it appears that you are referring to Section 380 of the IPC which is theft in dwelling house, etc. Please note that this section is not compoundable under law. Therefore, it is not clear how settlement was done in this case and how settlement amount paid to the advocate, when this case could not be compromised. Secondly, if there was a compromise between the parties, there should also have been some written agreement or MOU signed between the parties.

      In any case, now that the offence is pending in court and your friend is in custody for 22 days, you or his family would have to apply for bail for getting him out of the custody. You can inform the court about the settlement amount already paid in the case; it may have some positive impact on the grant of bail. If you have some complaint against the advocate concerned, you may first try to sort it out with him, and then, if needed, you may file a complaint with the State Bar Council.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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