ashish (ll) 08 April 2010
is compromise possible in case of sec 406....??? i came across a case in which there was a compromise b/w both d parties ...n d govt. advocate objected saying tht no compromise is possible under such section...
my question is whether d govt. advocate is right ...??
Heinrich (Research Assistant) 10 April 2010
The government advocate is partly wrong. The matter can be compromised if the party against whom the criminal breach of trust has been comitted agrees. The compromise has to be done before the court.
Devajyoti Barman (Advocate) 10 April 2010
One shouls first understand that there is a lot of difference between compromise and compounding an offence. The offence u/s406 can not be compounded but definitely compromised by way of getting it either quashed by the High Court or dismissed by the trial court bt giving evidence in that direction.
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