Section 354 d & 506

354D IPC

1. Is a non-compoundable offence. So you cannot make compromises in the lower court.
2. However the high court may in its discretion (under Section 482 of CRPC) can compound the offence, as in many cases, the supreme has held that in individual disputes the non-compoundable offence can be compounded by high court or supreme court.
3. If the High Court refuses to compound the case, then you can get the case resulted in acquittal of the accused person by way of favorable evidence of de facto complainant in the trial.

 

 

506 IPC

This offence is covered u/s 320(1) CRPC, which means this offence is compoundable without the permission of the court.

There must be a joint petition by the defacto complainant and the accused and plead in the same court where the proceeding is taking place.

The Complainant- Girl can file a appilcation before court that the matter has been compromise and alleagation are made all are due to misunderstanding. This application may give great effect and leads to aquittal in criminal case by the Judicial Magistrate for lack of evidence or if the evidence has not been started then go to high court to quash the case but it will pinch you more in monetary value.

thanks.but i want to know how can i get rid of the section 354d .should i file for quashing of fir before the trail.please advise.

As I mentioned earlier, file a joint petition (the defacto complainant and the accused) u/s 482 CRPC before the HC.

thanks.so is it possible to if one advocate only file.

Originally posted by : sonu
	thanks.so is it possible to if one advocate only file.

yes

can you please let me know what are the document and proceeeding needs to be done to file the quashing of fir.

Thanks

You are adequately advised on the legal aspects.

Any local lawyer can help you with the clarifications regarding the documents.

The girl who gave a complaint against a man formentally harassing the girl was also in relationship with the man and gave a false complaint against him .the man was remanded got the bail and is out now how to proceed further when the charge sheet is filed

Section 354(d) IPC defines stalking. Any man who follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman or monitors the use by a woman of the internet, email or any other form of electronic communication commits the offence of stalking. Provided : 1. That such conduct shall not amount to stalking if the man who pursued it proves that it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State 2. It was pursued under any law or to comply with any condition or requirement imposed by any person under any law 3. In the particular circumstances such conduct was reasonable and justified. Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either descripttion for a term which may extend to three years and shall also be liable for fine and be punished on a second or subsequent conviction, with imprisonment of either descripttion for a term which may extend to five years, and shall also be liable to fine. Section 506, IPC stands for the punishment for criminal intimidation. In this, whoever commits the offence of criminal intimidation shall be punished with imprisonment of either descripttion for a term which may extend to two years or with fine or with both. If the threat is such as to cause death or grievous hurt or to cause the destruction of any property by fire or to cause an offence punishable with death or life imprisonment shall be published with imprisonment for a term which may extend to 7 years or in case of impute unchastity to a woman, shall be punished with imprisonment of either descripttion for a term which may extend to 7 years, or with fine or with both.