:1: appp.583.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.583 OF 2011 IN CRIMINAL APPLICATION(APL)NO.366 OF 2011 Mr. David Peters Junior and Ors ..Applicants Vs. Anita S. Salian and Anr ..Respondents Rashmi Gagwani, for Applicants. Mr. K. V. Saste, APP for State. Mrs. Prabha Badadare, for Respondent No.1. CORAM :- V. M. KANADE & A. M. THIPSAY, JJ. DATE :- OCTOBER 20, 2011. P. C.: This is an application seeking modification of the order dated 25th August, 2011. It is submitted that an application was filed by the Applicants for quashing the complaint filed by Respondent No.1 and in the said application, applicant No.1 had given her no objection for quashing the complaint. An offence under Section 376 IPC,354 IPC,509 IPC read with Section 114 & 420 of the IPC was registered against the applicants. 2 It is submitted that in the said order dated 25th August, 2011 inadvertently offence under Section 324 has been mentioned though no such offence was registered against the applicants. Secondly, it is submitted that this Court though had quashed the offence under Section 376 and Section 420 of the IPC, asked the applicants to approach the :2: appp.583.11 learned Registrar for the purpose of compounding the rest of the offences namely Section 324, 354, 509 read with Section 114 of the IPC. 3 It is submitted that though, initially, prior to the Amendment Act No. 5 of 2009 coming into force, Section 354 was a compoundable offence. By virtue of the said Amendment Act, Section 354 is now made non- compoundable. It is, therefore, submitted that in view of the consent given by the Applicants for quashing the offence under Section 376, the offence under Section 354 may also be quashed and reference to Section 324 also may be deleted from the order. 4 We have perused the impugned order. It does appear that inadvertently reference has been made to Section 324 of the IPC, though no complaint for the said offence was made. Similarly, an observation is made that the offence under Section 354 being compoundable, the applicants can approach the learned Magistrate. 5 In our view, there is a clear error of law apparent on the face of record and there is also a typographical error in the said order. The reference to section 324 and 354 which is made in the said order is deleted. Offence under Section 354 being non- compoundable, the said offence also will have to be quashed in view of the no objection given by Respondent No.1. The order, therefore, is, accordingly modified and reference to section 324 and 114 of the IPC is deleted and offence under Section 354 of the IPC is quashed, in view of the consent given by the respondent no.1 prosecutrix. The application is, accordingly allowed and disposed of. ( A. M. THIPSAY, J ) ( V. M. KANADE, J.)