If you are stuck in such a situation, here is what to do.

A gentleman, let’s call him Mr. Alok, found himself in a perplexing situation. Around 2021, during a local festival in the city of Janakpuri, he was involved in a minor altercation with another individual, Mr. Verma. The local police from Shanti Vihar Police Station were called, and after some brief formalities, Mr. Alok was allowed to leave. He assumed the matter was trivial and had been resolved.

Several years passed without incident. Recently, when Mr. Alok applied for an Indian passport, his application was unexpectedly rejected. The police verification report cited a pending criminal case against him. Shocked, he began to investigate. He discovered that an FIR had been registered against him and two other individuals back in 2021. He was initially marked as “unknown” in the FIR, which is why he was likely never formally notified. The case was now pending for appearance in the District Court, but crucially, no warrant had been issued against him. The main issue for Mr. Alok was that he was never served any summons or notice from the court, and this oversight was now jeopardizing his future prospects.

Advice in such cases

If you find yourself in a similar predicament, it is essential to act methodically and strategically. The discovery of a pending case can be alarming, especially when it affects crucial life events like obtaining a passport or applying for a job.

• Gather all Documents: The first step is to obtain certified copies of all case-related documents, including the First Information Report (FIR) and, most importantly, the chargesheet filed by the police. These can be procured from the copying agency of the District Court where the case is pending.
• Appear Before the Court: Since the case status is “Appearance,” you must appear before the concerned court. Failing to do so after discovering the case can lead to the issuance of a warrant.
• Seek Bail: Even though you have not been arrested, you will need to apply for bail as a procedural formality upon your first appearance in court. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), your lawyer will file a bail application to ensure you are not taken into custody.
• Explore Compromise: Since you are on talking terms with the other party, explore the possibility of a compromise. Some offences are “compoundable,” meaning they can be legally settled between the parties with the court’s permission.
• Consider Quashing: If some of the charges are non-compoundable, a settlement can still be reached. Based on the compromise, you can file a petition in the High Court to quash the FIR and the subsequent proceedings.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The case involved charges under the old Indian Penal Code (IPC), which have now been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023. The corresponding new sections are:

• BNS Section 115(1) (formerly IPC 323): For voluntarily causing hurt.
• BNS Section 124(3) (formerly IPC 336): For an act endangering the life or personal safety of others.
• BNS Section 123 (formerly IPC 352): For assault or using criminal force without grave provocation.
• BNS Section 351 (formerly IPC 506): For criminal intimidation.

It is important to note that while offences like those under BNS 115(1) and 123 are compoundable, the offence under BNS 124(3) is generally not. This distinction is crucial for determining the legal path forward—whether through a simple compromise in the trial court or a quashing petition in the High Court.

If you are the complainant

If you initiated the case, your cooperation is key to resolving it, especially if you have reconciled with the accused.

• Assess Your Position: Decide if you genuinely wish to end the legal proceedings. If you have reached a mutual understanding, proceeding with the case may be a waste of time and resources for both parties.
• File a Compromise Deed: If you agree to settle, you will need to sign a formal compromise deed or affidavit, which will be presented in court.
• Appear in Court: You will be required to appear in court to give a statement confirming that you have voluntarily agreed to compound the offence or have no objection to the FIR being quashed.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim in the FIR, your role is central to any potential settlement.

• Understand the Implications: Before agreeing to a compromise, understand the legal consequences. Once compounded or quashed, the case is closed permanently.
• Voluntary Consent: Ensure your consent to the compromise is free and voluntary, without any pressure or coercion. The court will verify this.
• Legal Representation: Even as a victim, having a lawyer guide you through the compromise process is advisable to protect your interests.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police’s role is primarily investigative. After an FIR is registered, they gather evidence, record witness statements, and file a chargesheet in court if they find sufficient grounds to proceed. In cases like Mr. Alok’s, where an accused is listed as “unknown” or their address is incorrect, the service of summons can fail. The police are meant to make genuine efforts to locate the accused, but administrative lapses can occur. Once the chargesheet is filed, the matter moves to the judiciary, and the police have a limited role unless further investigation is ordered by the court.

FAQs people normally have

Can I close the case if some charges are non-compoundable?
Yes. Even if an offence is non-compoundable (like BNS 124(3)), the Supreme Court has held in various judgments that the High Court has the inherent power under Section 482 of the Code of Criminal Procedure (now Section 528 of the BNSS) to quash criminal proceedings if the dispute is primarily private and the parties have amicably settled it. This is especially true for minor offences not involving heinous crimes.

Do I need bail if I was never arrested?
Yes. When you appear in court for the first time in response to a summons or upon discovering a pending case, you must apply for bail under Section 480 of the BNSS. It is a legal formality to ensure your presence during the trial. Since the offences are not severe, bail is usually granted without difficulty.

Will the fact that I was never served a summons help my case?
Absolutely. You must bring this fact to the court’s attention. It serves as a valid explanation for your non-appearance and strengthens your case for obtaining bail. It shows you did not willfully avoid the legal process.

How will this case affect my career and government job prospects after it is closed?
Once the case is closed—either by acquittal, compounding, or quashing by the High Court—you are legally cleared of all charges. For passport applications, police verification, or government jobs, you must declare the case and submit the certified copy of the court’s final order. A closed case where you are acquitted or the charges are quashed should not be a bar to future opportunities. The key is to be transparent and provide the necessary documentation.

What evidence is required?

In cases of assault and hurt, the primary evidence includes:

• The testimony of the victim and eyewitnesses.
• Medico-Legal Case (MLC) report detailing any injuries.
• Any CCTV footage of the incident.
• Records of any communication between the parties before or after the incident.

How long will the investigation take?

The investigation is already complete since the police have filed a chargesheet. The court process is what remains. If you opt for a compromise for compoundable offences, the matter can be resolved in the Magistrate court within a few hearings. If a quashing petition in the High Court is required, the process may take several months, depending on the High Court’s caseload.

Advocate Sudhir Rao, Supreme Court of India