Quashing of FIR under 482 by only 1 accused, for offences under 406 and 420

[Varun Kumar]

There are 4 accused in the FIR, 3 of them are NRIs. The FIR mentions offences under 406 and 420 of the IPC.The parties have reached a settlement. Can the quashing be done by only 1 accused(who’s in India) on behalf of the rest?

[Dr. Ashok Dhamija]

Offence under Section 406 IPC can be compounded by the person who is the owner of property in respect of which breach of trust has been committed. And, offence under Section 420 IPC can be compounded by the person who was cheated. Therefore, these offences are to be compounded basically by the victim of the offence.

Therefore, I think it should be possible to compound the offences, mentioned by you, in the circumstances mentioned by you. If needed, the 3 accused persons who are outside India, may give power of attorney to someone in India to be present or file application.

     

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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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