Quashing of fir u/s 353 of ipc on the basis of compromise
Querist :
Anonymous
(Querist) 17 August 2021
This query is : Resolved
Dear Sir,
One of my known person push the police person when he is coming in between in his family dispute matter and file the case against him u/s 353 IPC, Then the accused is arrested and he get bail from court, Now police man is ready to compromise , but he(police man) has a question that if he compromise willingly, is his Govt. job come in danger or hi can do so, And if police man ready to compromise can we quash FIR u/s 482 Cr.P.C
Dr J C Vashista
(Expert) 18 August 2021
Your known person can compound the offence punishable under section 353 IPC without any problem in his/ her service.
However, it is not your personal problem and the accused has already engaged an able, competent and intelligent lawyer to get the FIR quashed by High Court where complainant shall be represented by Public Prosecutor, what is your locus standi ?
Querist :
Anonymous
(Querist) 18 August 2021
Locus Standi is ,Khandwa (M.P.)
Querist :
Anonymous
(Querist) 18 August 2021
Definitely its not my personal problem but as a LLB Student i am keen interested in the subject matter ,and because the Complainant is saying that i am ready to compromise but because i am a govt. servant i can't do compromise it will make my job in danger so i am bit confused ,because in the case of "Karamjeet Singh and others" Versus " State of Punjab and others" In "HIGH COURT" Punjab & Haryana at Chandigarh " CRM-M-6597-2018(O&M),Date of Decision:08.08.2018. In page no.4 second para it is clearly saying" When the public servant in his personal capacity is seeking quashing of FIR then the same cannot be denied simply because the offences involved obstruction in performance of duty by a public servant." Hence, even the offence under section 186 and 353 and 332 of IPC can be quashed on the basis of Compromise.
Advocate Bhartesh goyal
(Expert) 18 August 2021
Yes,H.C has inherent power u/sec 482 of Cr.P.C to quash complaint u/sec 353 IPC on the basis of compromise between complainant and accused even though offence is against State in the interest of justice.
Querist :
Anonymous
(Querist) 18 August 2021
And sir is there any insecurity of job of complainant who is Govt. employee if he compromise.....?
Advocate Bhartesh goyal
(Expert) 18 August 2021
If police man withdraw the case then definitely his withdrawal of case may make impact on his job but he is entering into compromise means settlement of dispute by mutual concession and such settlement will not make any impact on his job.
Dr J C Vashista
(Expert) 18 August 2021
It will not make any adverse impact on the service of the public official, if s/he consents for compromise of the case.
P. Venu
(Expert) 19 August 2021
Admittedly, your concern is about the accused. If so, why this query?
So also, the Judgment you have referred is untraceable.
Querist :
Anonymous
(Querist) 25 August 2021
Dear P.Venu Sir,
https://indiankanoon.org/doc/110773857/ this is the link where you can find the case
