The offence of stalking under Section 354-D of the Indian Penal Code is a non-compoundable offence within the meaning of Section 320 of the Criminal Procedure Code. Therefore, generally speaking, it is not possible to compound such offence.
At the same time, if both parties have compromised the matter, then a petition under Section 482 of Cr.P.C. can be filed in the concerned High Court for quashing of the case on the basis of such compromise.
The Supreme Court [Narinder Singh v. State of Punjab, (2014) 6 SCC 466] has held that power conferred in the High Court under Section 482 of the Cr.P.C. is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Cr.P.C.. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.
The Supreme Court further held that when the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any court.
While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
It was further held that such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.
On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.
Thus, on the basis of the compromise, you can file a petition under Section 482 Cr.P.C. before the high court for quashing of the criminal proceedings. If the high court, in its discretion, depending on the facts and circumstances of the case, agrees to do so, then the case can be quashed on the basis of the compromise. Generally, the high court may agree if it finds that the compromise is genuine and not under threat, etc. But, it is not guaranteed that it will agree in every such case.
In fact, recently, the Delhi High Court quashed criminal proceedings in a case involving offence under Section 354D of IPC in the case of Yumnam Marjit Singh v. State, which was decided on 27 May 2017.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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