u/s 377ipc

Querist : Anonymous (Querist) 02 July 2010 This query is : Resolved
A PERSON HAS BEEN CHARGED WITH OFFENCE 377IPC, THE VICTIM IS MINOR THE STATEMENT OF THE FATHER OF THE VICTIM U/S164 HAS BEEN RECORDED IN THE COURT.THE MEDICAL REPORT IS IN FAVOUR OF ACCUSED.NOW THE CHALLAN HAS BEEN PRODUCED IN THE COURT BUT BOTH PARTIES WANT TO COMPROMISE ,IS IT POSSIBLE?

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Devajyoti Barman (Expert) 02 July 2010
Yes by filing a petition for quashing before the High Court where both the parties can apply with assigning reasons.The Supreme Court in plethora of decisions has made it clear that for ends of justice the non-compoundable offences can be compromised in proper circumstances.

deepak kumar (Expert) 03 July 2010
377 is a offence which is non compoundable. the benifits of compromise can be derived during trial.

H. S. Thukral (Expert) 03 July 2010
Since the crime is committed against a minor, court shall be reluctant to give permission to compound the offence. Minor can not consent to a compromise validly.