Quashing of case under 354 and 509 IPC on compromise basis

[Anonymous]

A false case was filed against me by women under section 354 and 509 of IPC. Now since she is not able to prove this case , she is willing to compromise the case with me. What will be the consequences of quashing of this case on the basis of a compromise? Will it be considered as acquittal in the case or I should specifically file for discharge in this case?

[Dr. Ashok Dhamija]

Please note that the offence under Section 354 IPC is not compoundable, while the offence under Section 509 IPC is compoundable with the permission of the court.

In view of this, the offences under Sections 354, 509 IPC will not be compoundable.

However, if both parties have compromised the matter, then a petition under Section 482 of Cr.P.C. can be filed in the High Court for quashing of the charges on the basis of the compromise. If the high court, in its discretion, depending on the facts and circumstances of the case, agrees to quash the proceedings, 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., though it is not guaranteed.

Quashing of the case will be considered equivalent to “discharge” in the case which may be equivalent to acquittal, or rather even better than acquittal.

     

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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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