How to compromise a case of assault on police (353) and non-obedience of order?

[Anonymous]

A false case has been registered against me for not obeying the order of authorities (Section 188 IPC), obstructing police officer in his duties (Section 186 IPC) and assaulting the police officer (Section 353 IPC). The FIR itself says that I had only slapped the police officer and no physical injury is caused to him. Is it possible to compromise this case with the police officer using compounding of offences? Alternatively, what else can be done in this case to compromise it?

[Dr. Ashok Dhamija]

All the three offences mentioned by you, namely those under Section 186 of IPC (Obstructing public servant in discharge of his public functions), Section 188 of IPC (Disobedience to an order lawfully promulgated by a public servant), and Section 353 of IPC (Assault or use of criminal force to deter a public servant from discharge of his duty) are non-compoundable offences. This means that these offences cannot be compromised or compounded even if the concerned police officer (against whom such offences were committed) is willing to compromise them.

The only way out for you, at the initial stages, could be to file a petition before the High Court for quashing the FIR and/or quashing of the criminal proceedings on the ground that it is a false FIR and/or that the police officer is willing to compromise it (though I doubt whether the police officer would be willing to compromise it).

For more information about how to compromise a non-compoundable offence, please watch my following YouTube video:

     

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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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