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procedure

(Querist) 06 March 2011 This query is : Resolved 
How non compoundable case can be compound , if both parties are agree for compromise . i want to know the procedure and officers who can compound non bailable case.
Kiran Kumar (Expert) 06 March 2011
s.320 crpc provides for the list of offences under IPC which can be compounded.

now you tell the exact facts of your case along with the current status of litigation if any.

in addition to offences which can be compounded under S. 320 CrPC, there can be quashing also, on the basis of compromise, for offences which are non compoundable.

however, compromise quashing is not entertained in every case.
Shrichand Nahar (Expert) 06 March 2011
There are two categories of compoundable cases, one without permission or court and other with permission of court.

You need to follow procedure laid down in section 320 according to category of your case.
Advocate Sachdev Bishnoi (Expert) 06 March 2011
i agree with both of the experts as it is mentioned in secton 320 Cr.P.C. whci offence are compoundable and with the permission of the court also
Arvind Singh Chauhan (Expert) 06 March 2011
If the offences are non compoundable and not mentioned in both list of 320 Cr.P.c. You have two remedies-
1. Approach to HC under 482 Cr.P.C. to quash the proceeding on the basis of compromise.

2. second is unethical as Complainant or other witness may turn hostile in court, and you may be acquitted.
Guest (Expert) 06 March 2011
I endorse the views of Arvind.
Advocate. Arunagiri (Expert) 06 March 2011
I agree with Mr.Arvind.
Devajyoti Barman (Expert) 06 March 2011
Yes, I agree too.
Kirti Kar Tripathi (Expert) 06 March 2011
Yes, I also endorse Mr Arvind views.
Neeraj Kaushal (Querist) 06 March 2011
there is procedure to file application and compromise deed to D.C. than state will withdraw case, i want to know this procedure ,
Arvind Singh Chauhan (Expert) 06 March 2011
I welcome one more suggestion provided by Mr. Neeraj Kaushal.

This procedure starts from the office of DM with his recommendation to govt. After the approval of governor of state, Public prosecutor may file application for the withdrawal of case under Sec 321 Cr.P.C. on the ground mentioned in application. Ground may be ie paucity of evidence, or if it is necessary to withdraw the case in the interest of pubic in general.

Generally this procedure is adopted where the case is instituted against the person taking part in a protest or rally.

One more thing is important here that it is very lengthy and tiresome procedure. At last court may permit the withdrawal or may reject it.
Guest (Expert) 07 March 2011
Of course, views of Mr. Arvind against 2nd query by Neeraj are quite valuable.


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