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Can an accused revoke the compromised case under sec 354D
14-Jul-2023 (In Criminal Law)
I was compromised in one of the case u/s 354 D, nothing has asked to me only in the first visit itself, they said the girl is ready to compromise and asked me to come, nothing has been discussed because of family pressures i have signed the forms, to compromise, but i have all the evidences and the FIR filed by her and police is full of mistakes and it is only pushed me into the case intentionally.. I have compromised just 3 days back, and i am not happy with that but my family is happy... I have 2000 pages of chat with that lady and she was my friend for 2 years eventhough she got married 3 years ago in FIR they have mentioned as if she got married 10 months to one year and i have all the chats and pics sent by her... Dont know what to do... No one has seen my evidences even at police station.. They have taken a letter on white paper that i am not supposed to involve in her issues and should not text or call... they have not given anything in written to me. How should I deal with this situation?
If someone damages your reputation
by way of slander or libel, you may have grounds to sue for defamation.
Defamation can be viewed criminal as well as civil offence. under Sec- 499 & 500 of Indian Panel Code victim can be filed a criminal case for defamation against the accused. Punishment for the guilty person is simple imprisonment which may extend for 2 years or fine or both. for civil suit you can move High court or subordinate court under Law of tort for damages in the form of monetary compensation..
by way of slander or libel, you may have grounds to sue for defamation.
Defamation can be viewed criminal as well as civil offence. under Sec- 499 & 500 of Indian Panel Code victim can be filed a criminal case for defamation against the accused. Punishment for the guilty person is simple imprisonment which may extend for 2 years or fine or both. for civil suit you can move High court or subordinate court under Law of tort for damages in the form of monetary compensation..
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Adv. Mohammed Mujeeb
Hyderabad | 25+ Answers
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Dear,
Section 354(d) is a non compoundable offence which means that the matter cannot be compromised between the parties and both the accused and the de-facto complainant should approach high court for quashing the matter along with the compromise terms and conditions both the parties entered into (compromise deed/agreement). As you are saying that there is no chance of compromise between you and the de-facto complainant as you have strong evidences at your disposal against the de-facto complainant, tell the police that you are not ready for compromise and that you will contest the case. The police after completion of investigation will file the charge sheet in the court. Once the charge sheet is filed, case will come for trial and once it happens, engage a criminal lawyer, contest the trial and dismiss the case on merits.
Section 354(d) is a non compoundable offence which means that the matter cannot be compromised between the parties and both the accused and the de-facto complainant should approach high court for quashing the matter along with the compromise terms and conditions both the parties entered into (compromise deed/agreement). As you are saying that there is no chance of compromise between you and the de-facto complainant as you have strong evidences at your disposal against the de-facto complainant, tell the police that you are not ready for compromise and that you will contest the case. The police after completion of investigation will file the charge sheet in the court. Once the charge sheet is filed, case will come for trial and once it happens, engage a criminal lawyer, contest the trial and dismiss the case on merits.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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