Response

Hello,

Section 323 ( Punishment for voluntarily causing hurt), Section 504 (Intentional insult with intent to provoke breach of the peace) and Section 506 (Punishment for criminal intimidation) of the Indian Penal Code (IPC) are all compoundable offences.

Application for compounding the offence shall be made before the same court before which the trial is proceeding. Once an offence has been compounded it shall have the same effect, as if, the accused has been acquitted of the charges.

Whereas Section 332 (Voluntarily causing hurt to deter public servant from his duty) and Section 353 (Assault or criminal force to deter public servant from discharge of his duty) of the IPC are non-compoundable offences.

You can file a petition to the High Court to quash the FIR or the court proceedings for the non-compoundable offences under section 482 of the Code Of Criminal Procedure, 1973, which says, “Saving of inherent powers 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 under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

Reference:

20210023202100431816

LAWAYZ-2023-602