A1981 (abc) 17 October 2011

Compromise at this stage: 304b matter

Parties wants to settle down (come out of ) the matter without any counter actions/proceedings for complainant's false accusations and testimonies.

Matter is under investigation and being supervised by the highest court of law (Currently in status Quo). Complainant accusations are false and they are stuck in their own web. Complainant wants safe and graceful exit without giving any thing in written (Changing their earlier accusations)

Learned members please guide how the impulsive complainant and these two families can exit this menace peacefully ?

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4 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 October 2011

304-B is not compoundable.

However in extreme situations the SC may quash based on compromise.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

A1981 (abc) 18 October 2011

It is 'feared' that filing the compromise could result in immediate action against complainant. Will it be possible to settle the matter infront of investigation officer? (or that too will have consequences)

Pl. explain me how the compromise/quash can be achieved smoothly?

A1981 (abc) 18 October 2011

it looks like, It can not be achieved through 'Quashed based on compromise'

Ref:

Punjab (2008 (3) KLT 19). An offence under Section 304B of Indian Penal Code, which cannot be termed purely personal in nature, not involving public, cannot be allowed to be compounded or even quashed invoking the inherent power under Section 482 of Code of Criminal Procedure.