Guidelines for mutually satisfactory disposition
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Summary
When the court seeks a mutually satisfactory disposition it must follow a set procedure. For cases begun on a police report the court summons the Public Prosecutor, the investigating police officer, the accused and the victim to a meeting; for other cases it summons the accused and the victim. The court must ensure the process is voluntary, and the accused or victim may attend with their pleader.
Example
Priya files an FIR after her neighbour Rohan damages her shop. The court calls a meeting with the Public Prosecutor, the investigating police officer, Rohan and Priya to try to work out a settlement. The court ensures everyone enters the arrangement voluntarily and allows Rohan or Priya to attend with a pleader.
Bare Act
Enacted textIn working out a mutually satisfactory disposition under clause (a) of Sub-Section (4) of section 265B, the Court shall follow the following procedure, namely:
- (a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case:
Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting:
Provided further that the accused may, if he so desires, participate in such meeting with his pleader, if any, engaged in the case;
(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case:
Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting:
Provided further that if the victim of the case or the accused, as the case may be, so desires, he may participate in such meeting with his pleader engaged in the case.
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