Forgiving in criminal case
Can a person accused under IPC 420, 467, 468, 471 during trial & on request of complainant can be for forgiven from the punishment. the mater is related with the forging os signatures and both the complainant and accused are real brothers.
Asked 5 years ago in Criminal Law from Chandigarh, Chandigarh
Yes, the offenses may be compounded with the complainant in front of the magistrate.
Advocate, Navi Mumbai
These offences may be compromised by the complainant and the accused by applying for compounding to the magistrate.
Thank you for posting your query.
Offences under section 467, 468, 471 IPC are non compoundable. That means these offences can't be compounded on the basis of a compromise before the magistrate. The Magistrate does not have power to forgive the offences committed under the above sections.
However section 420 is compoundable with the permission of the court. For the rest of the offences, a quashing petition before the High Court may be filed under section 482 CrPC. The High Court may very well Quash the offences under section 467, 468, 471 IPC.