compromise in non compoundable offence

Querist : Anonymous (Querist) 24 January 2011 This query is : Resolved
A PERSON HAS BEEN CHARGED WITH OFFENCE 377/511 IPC, 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 TO COMPROMISE IN NON COMPOUNDABLE OFFENCE AT THIS STAGE? CAN ANY ONE PROVIDE SOME CASE LAWS REGARDING THIS,PLEASE,THANX.

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Arvind Singh Chauhan (Expert) 24 January 2011
Generally in such cases witness turns hostile. Accused may urge before high court under sec 482 for quashing of proceeding on the ground of compromise.

Guest (Expert) 24 January 2011
BETTER MAKE THE COMPLAINANT/INFORMANT AS HOSTILE AT THE TIME OF EXAMINATION.

sachin sethi (Expert) 25 January 2011
Yes it will be better to make such a witness As hostile at the time of examination.....but the problem in your case is statement recorded u/s 164 Cr.P.C.....Court may initiate perjury proceedings against the witness turning hostile....It is also difficult that high court will quash the proceedings in such a case on the basis of compromise as it is an offense against society at large,,,and not a simple offense which affected the victim only.....

Ajay Bansal (Expert) 25 January 2011
File a petition u/s 482 Cr.P.C. in High Court for compounding the matter.

Sarvesh Kumar Sharma Advocate (Expert) 26 January 2011
no problem u/s-164 cr.p.c.,it is not counted under evidence act. if hostile witness is there no proble at all.