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(Guest)

Compromise u/s 354

Hello Everyone. I want a help in this case. 

My uncle was falsely accused of and booked u/s 354 i.e. crime against women. As the FIR was registered in 2001 when it was a compoundable offence and now it is a non compoundable offence after amendment in 2009. 

Can both the parties reach to a compromise between themselves? 

Will the court accept the compromise and close the case as the FIR was filed when it was a compoundable offence? 

 

Plese help In this matter. Thank you.



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     20 May 2024

Sorry this is not a shop that you can sell your products nor an advertisement platform

Mr. Sumitra kumar (Advocate)     20 May 2024

In which state do you reside? See the relevant code of criminal procedure. Procedural laws applies retrospectively.

 

Thank you.


(Guest)

High court of Punjab and Haryana, Chandigarh

T. Kalaiselvan, Advocate (Advocate)     20 May 2024

The original commercial post has been replaced with a new query. 

Well,  if the offence was alleged to have been committed post amendment of the law in this regard,  then the court will not allow the case to be compounded even if there's a compromise between the parties. 

However you can file a petition to quash the case under section 482 Cr.P.C before high court,  in which she can appear before court and express no objection by filing an affidavit before court in person. 


(Guest)

The office was alleged to be committed in 2001 before the amendment was made to the law in 2009 and at the time of FIR it was a compundable offence.

T. Kalaiselvan, Advocate (Advocate)     20 May 2024

If the amendment to the law had  prospective effect, then you can request the defacto complainant to file an application before the trial court seeking to compound the offences on the basis of the compromise agreement arrived between both the parties. 

1 Like

Dr. J C Vashista (Advocate )     21 May 2024

The Indian Penal Code 1860 was amended in 2013 for enhancement of punishment for an offence committed under Section 354.

P. Venu (Advocate)     21 May 2024

To my knowledge and understanding, the amendment is only of prospective effect and hence, the matter couls be got compounded.

Sudhir Kumar, Advocate (Advocate)     21 May 2024

what is query.

 

is it same case  https://www.lawyersclubindia.com/experts/compromise-u-s-354-759811.asp


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