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Solution from section 353 & 332 IPC


06-Sep-2023 (In Criminal Law)
Respected , i have charged fir under ipc 353 , 332 in year 2012 in a fake case by "police home guard ". now i have punished only under ipc 332 for two (2) years and 1000 rs fine. i have applies to session court with new advocate because old advocate spoils my case due no proper cross against home guard sdop. my Question are 1. Can i compound in session court with home guard.? 2.what is a your proper advice.? 3. how can i get rid from this fake case.? 4. What i do next ?
Answers (2)

Answer #1
752 votes
Answer for your first enquiry is that you can compound the case with the home guard if he is agree, secondly each and every criminal case depends upon the circumstances of the matter that what is the investigation report of the police how many accused in the case what is your roll in the crime, so I can not give you proper advice without knowing the facts of the case but I will advise you that if you are falsely implicated ad accused then court will found you innocent.


I hope this advice will help you to understand and face the problem.
Advocate Rohit Jagwani

Adv. Rohit Jagwani

LawRato Gwalior | 100+ Answers
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Answer #2
828 votes
Offence under 332 is non compoundable though with due permission from Court, compromise application can be filed and the case can be compounded. Session will take that on record and dispose the case.
However, if in case Session rejects your application for compromise then you need to come before High Court under 482 for the same. You will definitely get the relief from High Court and the case will be disposed off.
Advocate Apoorv Joshi

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Comments by Users

Dinesh
how can i get rid from this fake case.?

Reply by LawRato
You can get the false complaint quashed by the High Court and for doing so, you can file a petition under Section 482 CrPC which empowers the High Court to quash criminal proceedings against an accused.
Additionally, against the false case against you, you may choose to file an FIR under Sections 182 and 211 Indian Penal Code, 1860 against the complainant who is falsely prosecuting you.
 - Section 182 - False information, with intent to cause public servant to use his lawful power to the injury of another person: This section deals with cases where a person gives false information to a public servant, with the intention of causing them to use their lawful power to harm another person. The punishment for this offence can be imprisonment for up to six months, or a fine, or both.
 - Section 211 - False charge of an offence made with intent to injure: This section deals with cases where a person makes a false charge of an offence with the intent to cause harm to another person. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.

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