Compromise in Compoundable Offence
Rahul
(Querist) 29 January 2011
This query is : Resolved
Can a power of attorney holder make compromise in criminal cases which is compoundable ?
Arvind Singh Chauhan
(Expert) 29 January 2011
Not in IPC but In NI Act apex court allowed advocates for that purpose.-
While settlement has been arrived between parties- not necessary for parties to file any affidavit affirmed by complainant or accused- By reason of authority granted by litigants in favour of his advocate which empower to enter in to settlement on behalf of parties to a lis would be binding on the parties thereto- Sec-320 Cr.P.C. not applicable in NI Act- SC-CLJ-2008-295.
Offence compoundable- settlement arrived between parties- it is not necessary under the provision of N. I. Act and Cr. P. C. to file any affidavit affirmed by complainant- by reason of the authority granted by a litigant in favour of his advocate which inter alia empowers the latter to enter in to settlement, any settlement arrived at, on behalf of a party to a lis would be binding on the parties thereto- NCC-2008-SC-591.
