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Indian Journal of Law and Human Behavior

Volume  5, Issue 2(Special Issue), May - August 2019, Pages 257-261
 

Original Article

An Alternative Criminal Dispute Settlement: A Criminal Administration of Justice and Judicial Precedent

Vertika Bansal

Research Scholar, Dept. of Library Science, Bundelkhand University, Jhansi, Uttar Pradesh

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DOI: 10.21088/ijlhb.2454.7107.5219.24

Abstract

The alternative mode of settlement of the criminal cases is just to avoid regular trial of the case and the disputes has to be settled generally on the bases of compromise among the parties, firstly it is beneficial to reduce the pendency of cases in the criminal courts and relax to the inmates in the overcrowded jails, secondly it may waive the chances of future enmity amongst the parties and their supporters, thirdly it will reduce the legal expenses over the litigations to the victims/State counsels/offenders. Because offences has been committed against the State and normally criminal cases has prosecuting by our State counsel except complaint cases. Sometimes, seems that petty or non-cognizable offences has been pending for trial for a long time in the Court and victims/offenders are desirous for expeditiously disposal of the litigations but it may not possible due to various reasons under these circumstances it is necessary for the interest of concerned parties to make amicably settlement of the disputes if such type of case comes under the purview of compoundable cases under Section 320 Cr.P.C or take the recourse of Plea of Bargain as amended in Cr.P.C, 2005, as the case may be. This is the process of settlement of disputes may be captioned: restorative justice in criminal law of jurisprudence. Besides, sometimes parties are falsely implicated in the litigation, they can avail the remedy for quashing the FIR/charge sheet under Section 482 Cr.P.C or under article 226/227 of the constitution and another remedy raise the issue before appropriate Govt. to withdrawal of case under Section 321 Cr.P.C. The dowry case normally has not yet initiated unless it will refer to the mediation centre to the amicably settlement of the disputes among the parties, as long as mediation is being failed then case will refer to the regular court to adjudicate on merits of the litigations. In conclusion, restorative justice is the best method for the settlement of compoundable cases or the cases in which the plea of bargain will put on motion because it is cheap & speedy way to the disposal of the case but it will also look into the matters of non bail able and cognizable offences in which witnesses becomes hostile, it is a serious gravity of the nature of trial, it must strictly stop this practice in the litigation.

Keywords: Judicial Precedent; Litigation; Criminal Dispute.


Corresponding Author : Vertika Bansal