Compunding in aec353 of ipc
Munsif khan
(Querist) 06 August 2015
This query is : Resolved
My friend is a practising advocate who was charged with sec353of ipc... Later on the relation between accused (practising advocate) and original complainant who is a police officer became cordial.. Now they want to settle the matter.. Investigating officer is a psi subordinate to aforesaid original complainant... Can police file summary report before the learned magistrate or can the matter be compounded in high court under the provisions of 482of cr. Pc
P. Venu
(Expert) 07 August 2015
Why an advocate requires a third person to post this query?
Munsif khan
(Querist) 07 August 2015
sorry to get such reply. i am also an advocate but i cannot find any provision in crpc for compounding where an offence under sec.353 is registered and where the original complainant is a policeman himself....hence thought to take some help from u guys
Dr J C Vashista
(Expert) 09 August 2015
Irrespective of the profession/service of an accused/complainant law is laid down for all and sundry. If the complaint under Section 353 IPC is non-compoundable (u/s 320 Cr. PC)the court may be requested to refer it for mediation, where it can be amicably settled and draw/execute a settlement deed, then
i) the court can compound the complaint/ charge.
ii) otherwise you/your friend may get the FIR quashed by High Court.
alexander
(Expert) 10 August 2015
Sec 353 IPC deals with " ASSAULT or CRIMINAL to Deter public servantfrom discharge of his duty"
It is amazing how can one think of quashing / or compounding such a serious offence of
(a ) Assault or use of criminal Force
(b) Against a Public Servant( in this a police Officer - who represents a force is which is the the custodian of law and order and responsible for maintaining public peace and tranquility
(c) use of force to deter or with intent to prevent the said Public servant from performing his lawful duty
It is amazing how one can think of arbitration/compounding such an act of gross ill discipline.
Only a magistrate can resolve this issue with a sentence of two years in the cooler or a fine or both:. that's the only compounding or non compounding that the sec IPC 353 envisages, if the charges are proved
P. Venu
(Expert) 11 August 2015
There is very little chance that the matter could be "settled"even if the victim and the accused have since become cordial. The position is very much akin to recent misadventures in the rape victim and the accused deciding to marry and thus settling the issue.
Violence against a public servant on duty involves the integrity and dignity of not just the victim, but the entire public service.
