Response

You being the director of the company, is liable for all the wrong action done and its consequences. Session court might not allow you to move for withdrawal.However, you have a right to approach High Court for quashment of FIR against you. There you can raise the ground of compromise because 420 is a compoundable offence.

The FIR an be quashed on the basis of compromise at any stage by the High Court. The complainant and accused can enter into a compromise. Both the parties can file a joint petition under Section 482 CrPC for FIR quashing. Thereafter, the Court will scrutinize the facts, circumstances and aspects of the matter before passing an order for quashing of FIR. If the Court is not satisfied with the facts of the compromise, then the High Court can refuse the quashing on the basis of compromise. The parties can approach the Trial Court if the offence is compoundable and High Court has refused to quash the FIR.

The High Court under Section 482 has the power to quash an FIR even after filing of Charge Sheet by the prosecution. The parties can also reach a modus vivendi . The accused can also appraise the Court that there is no material evidence against him even after the investigation in the matter. Another recourse for the accused is to take pleas of inherent improbability on the basis of entire facts and material collected against him in the charge sheet. As power given to the High Court under Section 482 are wide enough, High Court an order for quashing of FIR under such circumstances.

Reference: Laws Applicable: Criminal Procedure Code

Sections Applicable: Section 482 of the Criminal Procedure Code

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LAWAYZ-2023-222