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Is IPC Section 354 compoundable or non compoundable?


06-Mar-2023 (In Criminal Law)
i want to know if high court disposed quashing petition and ask for win in trial or something like that....... is quashing possible in compromise base in case n counter case for ipc 354? as per ammendment act 2009 it is not? i may be wrong ..if case n counter case both withdraw fir in ld court charges framed in chargesheet will be abolished or trial is must or need to apply in high court for 2nd time? is it possible to get clean chit another thing i want to know ipc 307 is not compoundable if i withdraw will i be punished? and I also want to know that is 354 ipc compoundable or not?
Answers (6)

Answer #1
678 votes
Section 354 of the Indian Penal Code, 1860 (IPC) deals with the offence of assault or criminal force on a woman with the intent to outrage her modesty. This section criminalizes any act of physical force, assault, or violence against a woman with the intent of violating her modesty or causing outrage. This can include acts such as groping, molestation, or any other form of unwelcome physical contact or advances towards a woman.

The question, whether Section 354 IPC is compoundable or not has been answered time and again by the judiciary in the affirmative. Although the offence under Section 354 of the IPC is compoundable, it can only be done with the prior permission of the court before which the prosecution for such offence is pending, as per Section 320 of the Code of Criminal Procedure, 1973. The victim-woman who was subject to an assault or criminal force may apply to the court for permission to compound the offence, and the court may allow the offence to be compounded after considering various factors such as the nature of the offence, the consent of the victim, and the interest of society. It is important to note that this provision applies only to the victim-woman and not to any other person who may be affected by the offence.

Further, upon a compromise being arrived at between the parties, the offender/accused may even instead approach a court seeking quashing of the FIR/charge-sheet/criminal proceedings on the basis of such compromise under Section 482 of the Code of Criminal Procedure, 1973. The court, upon satisfying itself on the factum of such compromise, is empowered to quash such FIR/charge-sheet/criminal proceedings to secure the ends of justice.
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Answer #2
703 votes
Yes, except in offence of grave nature like rape, murder, dacoity etc, even the non-compoundable case can also be quashed on mutual consent of the parties.
However the case u/s 307 IPC can not be quashed even if the complainant gives consent in high court.

Answer #3
865 votes
Yes it may be compoundable . If after the completion of the investigation the Police officer submitted the charge sheet and the LD. Court fix for the date of evidence then it should be moved by the ld. Advocate for the amicable settlement . And after that by the order of the ld.court it may be settled mutually. But the victim girl should take up the allegation as well.
Answer #4
903 votes
MY OPINION THAT if have definite case to move at high court ,if or if not it is fully depends upon the merit basis , high court can quash the proceedings is the Hon'ble court can satisfy on the factual aspect as well as legal aspect.
Answer #5
942 votes
Offence under section 354 IPC is not copmoudable now after amendment of 2009 and hence their is less chance to get any benefit from lower court on the basis of compromise
And also, it is not certain that high court will discharge the case on quashing on the basis of compromise. It will depend on the satisfaction of LD judge about condition of compromise between parties.
Far better than quashing, complainant and concerned witnesses have to change their statement in the trial court during the trial of the case.
Answer #6
270 votes
Is IPC section 354 a compoundable offense? IPC Section 354, which is not compoundable, means that even if the victim wants to, they cannot withdraw their case against the accused. The trial will take place and the court will decide whether or not the accused is guilty.
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- Section 354 of IPC

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