Can offence under Section 354 IPC be compromised and quashed?

[Anonymous]

My friend is involved in an offence of outraging the modesty of a woman under Section 354 of IPC. This is a false case. Now, the woman who made the complaint has agreed to compromise the case. But someone told me that this case cannot be compromised. Is it correct that case under Section 354 of Indian Penal Code cannot be compromised? What can be done for this?

[Dr. Ashok Dhamija]

Prior to the amendment of the Cr.P.C. in 2009, the offence under Section 354 IPC was compoundable under Section 320(2) of Cr.P.C. with the permission of the court. However, after the 2009 Amendment to Cr.P.C., offence under Section 354 IPC is not compoundable now.

But, 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 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.

     

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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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