Dropping a case

dear,

you just mentioned  s*xual harrasment. pls metion under which section of I.P.C you were charged?and yes you(along with other accused if any) and complainant have to remain present before the court.the complainant will be called in the witness box and will have to dipose her statement.The Public prosecutor will examine her and that time the complainant has to say that the complainant do not wish to proceed with the case and do not want to examine any witness in support of complainants case.

best regards

adv.shamina sayed

I Dont really remember the section its molestation case. The matter is i am not availble in the country right now and the other accussed is Ready.  

so still the case can be drop?? or do i have to be at the time of the hearing.

Please advice

your presence is required

Dropping a case:

Dear Mr. Ramcharan,

This is very difficult to reach on some opinion in absence of particulars of offence i.e. under which section the FIR has been registered and the Law/Act applicable thereon.

However in general perception, the police register the FIR under section 294 and with 509 of Indian Penal Code, 1860, which read as hereunder:

Section 294. Obscene acts and songs.

¹[294. Obscene acts and songs

Whoever, to the annoyance of others-

(a) Does any obscene act in any public place, or

(b) Sings, recites or utters any obscene song, balled or words, in or near any public place,

Shall be punished with imprisonment of either descripttion for a term which may extend to three months, or with fine, or with both.]

1. Subs. by Act 3 of 1895, sec.3 for the original section.

Section 509. Word, gesture or act intended to insult the modesty of a woman

Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, of that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

I would say that you please provide the particulars of offence, under which the FIR has been registered. Thereafter any opinion can be forwarded thereon. But if the FIR is registered under section 294 and 509, then the offence defined under section 294 is Non-compoundable because it is not shown in the list of compoundable offences under the list provide by section 320 of the Code of Criminal Procedure, 1973., Meaning thereby, you have to approach the High Court for quashing the FIR by filing a petition under section 482 of the Code of Criminal Procedure, 1973, on the ground that the matter has reached on a compromise, therefore the FIR, so registered may be quashed. You can also file a written compromise dully supported with the affidavit of yours and the Complainant.

Section 320. Compounding of offences.

(1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table.

1. Subs. by Act 45 of 1978, sec. 25, for "Defamation (w.e.f. 18-12-1978)"

(2) The offences punishable under the section of the Indian Penal Code (45 of 1860) specified in the first two columns of the table next following may, with the permission of the court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table.

TABLE

(3) When any offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (When such attempt is itself an offence) may be compounded in like manner.

(4)

(a) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf, may, with the permission of the Court compound such offence.

(b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil procedure, 1908 (5 of 1908) of such person may, with the consent of the court compound such offence.

(5) When the accused has been committed for trial or when he has been convicted and an appeal is pending no composition for the offence shall be allowed without the leave of the court to which he is committed, or as the case may be, before which the appeal is to be heard.

(6) A High Court or Court of Session acting in the exercise of its power of revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section.

(7) No offence shall be compounded if the accused is, by reason of previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.

(8) The Composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

(9) No offence shall be compounded except as provided by this section.

Now the question is that your presence is required by the High Court or not, it depends on Court to Court and on the mind of a Judge. Sometime court can insist on it or dispense with your personal appearance on the date fixed. Therefore the option of a written compromise with quashing petition is the best option. Then the presence of the Complainant only is sufficient. She can make the statement before the High Court, that the dispute is settled amicably  between you and the Complainant, therefore no purpose would be serve with, continuing the case pending before the Trial Court.

Section 482. Saving of inherent power of High Court.

Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.

I hope it resolve your quarry.

Thanking you.  

Dear Mr. Ramcharan,

I did not see that you have disclosed about the particulars of the offence. As you said that the FIR is registered for the offence of “Molestation”. Therefore the FIR must have been registered under section 354 of Indian Penal Code, 1860 and the same is Non-Compoundable. Even then you have to approach the High Court for quashing the FIR, because the trial court has no power to compound the offence as per section 320 of the Code of Criminal Procedure, 1973. You can adopt the procedure, what I have told you in earlier discussion.   

Section 354. Assault or criminal force to woman with intent to outrage her modesty

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

Dear Mr. Ramcharan,

There was a typing mistake on my part, if you see the second list under section 320 of the Code of Criminal Procedure, the section 354 is shown as the compoundable. Therefore there is no need to approach the High Court. The court wherein, the matter is pending can record the statement in regard of settlement. Since you can use the option of written compromise, therefore the court should not insist on your physical appearance.    

yes the case was register under 354  and the matter have been compromised. without my presence .  and the judge release the order on the same day.. thanks for your time but no thanks for wrong advices. 

Its okey..