Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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salilkumarp (advocate)     23 August 2008

compounding non-compoundable offence at appellate stage

dear sir,

an accused person was convicted u/s 326  IPC  and  during appellate stage dispute was amicably settled.now the injured doesnot wish to prosecute the accused any further.but , the court is of the view that now it cannot be compounded as it is a non-compoundable offence as per sec 320 of CRPC .also, injured cannot be again examined at the appellate court no fresh trial is permitted there.also, court cannot remand the matter to lower court for the mere reason that matter has been settled.

IS THE COURT "S VIEW CORRECT ? IF SO, WHAT IS THE REMEDY OF BOTH ACCUSED AND INJURED WHO SOME HOW WANTS TO CLOSE THE CASE, BUT TO WHICH COURT DOESNOT PERMIT.

 

SUBMITTED,                                                   SALILKUMAR.P

                                                                            ADVOCATE

                                                                          THALASSERY-1



Learning

 5 Replies

Vijay Kumar (Advocate)     23 August 2008

Approach the High Court to quash the proceedings u/s 482 Cr.p.C.

santosh (advocacy )     25 August 2008

There is no remedy in such circumstances, you may take chance to file 482 of Cr.P.C. before Hon'ble High court.

antonygeorgegonsalves (advocate)     25 August 2008

hi sir,


In the interest of justice even the appellate court can accept the compromise. please read sec 320(5) of Crpc.. you can file a joint petition by naming both the accused and the complainant and ask the appellate court to permit the parties to compromise  the case. you should file 2 petitions one showing that both parties have entered into a compromise and another petition seeking the permission of the court to accept the compromise of the parties both under section 320(5). Infact i have filed few compromise petitions and helped my clients. there r lots of citations in this regard too please see the 2008 SCC (crl) there is citation to compound the case in non-compoundable cases.

davinder (advocate)     26 August 2008

you can go to high court for quashment u/s 482

prof s c pratihar ( urologist &legal studies)     26 August 2008

you have spoiled enough time of court foradministration of justice.if ld court doest agree it cant be done.it also depends on facts and circumstances of a particular case and present circumstances.high court even if squash the proceedings shal have to write detail reasoinings.drscpratihar


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