Section 469
TR Madhavan
(Querist) 13 June 2013
This query is : Resolved
1. Section 469 of IPC is compoundable or non compoundable?
2. In a private criminal complaint filed through the court along with other compoundable sections, the above section was also mentioned. FIR is registered and charge sheet has been filed yet. If the complainant want to withdraw the private complaint, will the court allow the petition or not?
3. If the quash petition is filed by the accused, does the Hon'ble High Court have powers to allow the petition and quash the FIR or will it be dismissed in the admission stage as it has the above mentioned section?
4. As both the complainant and accused have compromised on the matter, what necessary steps to be taken to end the matter through the court?
Kiran Kumar
(Expert) 13 June 2013
Offence under section 469 is Non-Compoundable.
I don't think the offence is too serious in nature.
If all other offences are compoundable in nature, do approach High court by way of Quashing Petition on the basis of Compromise.
Do some exercise in office, you will definitely find some judgments of SC or HC in this regard.
Raj Kumar Makkad
(Expert) 13 June 2013
1. Non-compoundable.
2. When the complaint was converted into a FIR, it lost its existence so question of its withdrawal do not arise on the part of the complainant.
3. High Court has every power in the matter and nothing can be anticipated.
4. The complainant can become hostile during the evidence and thus matter shall be decided accordingly without approaching to even high court.
