Compounding offence after trial

Ranganath (Querist) 21 April 2012 This query is : Resolved
Ld Counsels,

Can a compoundable offense if proved in trial be compounded in appeal. In other words, can compoundable offences be compounded at any time.

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Devajyoti Barman (Expert) 21 April 2012
Appeal is the continuation of a suit/case.

Son compounding can be done at any point of time during trial or even in Appeal.

Raj Kumar Makkad (Expert) 21 April 2012
Yes. It can be got compounded at any stage.

Adv.R.P.Chugh (Expert) 21 April 2012
Endorsing what Ld.Seniors have said, Compounding in Appeal can only be done with the consent of the court in all cases.

Raj Kumar Makkad (Expert) 21 April 2012
Consent of the court is also necessary before the trial court what to talk of appellate court.

venkatesh Rao (Expert) 21 April 2012
Yes, Compounded at any stage before attaining finality.

Adv.R.P.Chugh (Expert) 21 April 2012
Differing slightly with Makkad Sir, before trial courts - court's permission to compound is required only in cases falling in 320(2) and not in cases of 320(1) where the court has no say.

Shonee Kapoor (Expert) 21 April 2012
Yes, it can be compounded.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Dr V. Nageswara Rao (Expert) 22 April 2012
1. No compounding can be done after the conviction has become final.
2.S. 320 (5) clearly says that where (a) the accused is committed for trial or (b) he has been convicted and an appeal is pending, no compounding can be done withou the permission of the Court where committed proceeding is on, or where the appeal is pending.

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