yandrapu kanaka durga 03 May 2023

Ipc 353 case settled in national lok adalat

hi sirs/madams , iam a govt employee working as an assistant executive engineer . when my father was arrested in 2015 booked a false case on my father under section 384 ipc. im asked why ur a filed a false case on my father . then they are filed a 353 case on me. my father case is closed. but in my case 2 years imprisonment giving by the majestrate court in 2016. the same was confirmed in district court in 2018 . i struggled alot . now the case is pending in high court. the constable was ready to compromise but he afraid of his job at risky if he is compromised. could you please suggest if he has any threat if he compromised in national lok adalath 13 may 2023. could you please reply as early as posssible if he has any risk if he was compromised!(( the case was pull the collar of police constable and shouted filthy language in police station

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Quick Summary

This discussion concerns an IPC 353 case, initially involving allegations of obstructing a public servant, which has been appealed to the High Court. The original case against the user's father under IPC 384 was closed, but the user received a two-year sentence for the IPC 353 charge, confirmed by lower courts. While the constable involved is willing to compromise, concerns exist about job security and the possibility of settlement at the National Lok Adalat, especially as the sections have been altered in appeal to 506 and 509 IPC.

4 Replies

T. Kalaiselvan, Advocate (Advocate) 03 May 2023

The police official who is ready to compromise cannot do so on his own especially when the case is pending at appealm stage before high court.

In fact if you wre convicted and the sentence was confirmed by the appellate court, then there is a danger for your job itself.

No opinion/comments can be given for the matter which is subjudice.

yandrapu kanaka durga 03 May 2023

thank you sir. in high court 353 converted(section altered) into 506, 509 then compromise is possible in lok adalath.please tell me

T. Kalaiselvan, Advocate (Advocate) 04 May 2023

The offence under Section 506 IPC is considered non-cognisable, non-compoundable

The offence under Section 509, IPC is compoundable i.e., law allows for a compromise to be recorded between the victim and the offender.

But now both will become non compoundable

Dr J C Vashista (Advocate) 04 May 2023

Section 384 IPC case is stated to have been filed against your father; whereas, case under section 353 IPC is stated to have been against you, how both the cases been clubbed wherein two different allegations against two different persons are accused ?

What is the opinion and advise of the lawyer engaged / paid by you who is well aware about facts and circumstances of the cases, an able, competent, intelligent enough and proceeding in High Court against the orders passed by Sessions Court. ??