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Tabrez Khalid   23 May 2021

ipc 354 false case

i have been accused and charged u/s 354,448, and 504 ipc falsely. the chargesheet is filed already and HBC is yet to happen. i want to get this case closed as soon as possible because i have to go to abroad and i have to apply for passport and complainant is ready for compromise what should i do in this case


Learning

 3 Replies

Sankaranarayanan (Advocate)     24 May 2021

Consult local lawyer and act accordingly

Advocate Bhartesh goyal (advocate)     24 May 2021

If complainant  is reddy to compromise then submit compromise petition in court but you have to approach H.C for quashing the allegatons i.e sec 354, on basis of compromise.H.C under sec 482 of Cr.P.C will quash the charges .

minakshi bindhani   27 October 2021

As per the illustrated query!

Section 320 of Criminal Procedure Code, 1973(in short CrPC) deals with the compoundable offence. The list has been based on the offences under the Indian penal Code, 1860 and the person by whom the offence may be compounded.

As per your query section 448 and section, 504 speaks about the House-trespass and insult intended to provoke a breach of the peace, which can be compounded by the person in possession of the property trespassed and by whom the person insulted respectively.

Whereas, section 354 is not a compoundable offence.If the complainant agrees to settle the matter. You may apply before the High Court to quash the FIR under section 482 of the CrPC, the High court has the power to secure the end of justice, may quash the FIR based on the circumstances.

Hope it is helpful
Regards
Minakshi Bindhani

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