Section 354 d & 506


if a peson is booked under section 354D & 506.and tis out on bail.if the complainer agrees to forgive him .what will be next step by court .the date given by court for trail is in march.please suuggest.

Thanks,

Abhishek

 
Reply   
 

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.

 
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Practicing in Mumbai ZohebKhatri@gmail.com

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.

 
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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.

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

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

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

yes

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

Thanks

 
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You are adequately advised on the legal aspects.

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

 
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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
 
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