Apni Law Staff asked 3 years ago
I’m facing a tough situation. The Mumbai Municipal Corporation’s Octroi department has filed a police complaint against me for underpaying Octroi. While I only signed the company’s ‘R’ Form, the actual values were declared by our agent at the check post without my input and accepted by the Octroi inspector.
A chargesheet has been issued, but no formal charges have been made. If our company pays the outstanding Octroi and the Municipality issues a letter agreeing to “compound” the case and explicitly stating they won’t pursue further action, can the High Court quash the FIR? The complaint mentions sections 420, 465, 467, 468, 471, and 34 of the Indian Penal Code.
Best Answer
Apni Law Staff answered 3 years ago
If your company pays the outstanding Octroi and the Municipality issues a letter explicitly stating they won’t pursue further action, the High Court may quash the FIR, considering the compounding of the case and the absence of formal charges. However, the Court will consider the specific facts and circumstances of the case, including the involvement of the agent and the acceptance by the Octroi inspector.
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