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Samm (representative)     19 September 2012

Compounding of offence

Please help!

Few years back, "A" lodged an FIR against "B" alleging that "B" had caused hurt to "A". Subsequently a case under section 324 IPC was registered against "B".  The case has been charge sheeted and is now pending for consideration of charge. But with the intervention of friends and well wishers "B" wants to compound the offence.

Now i want to know :-

1. Can "B" compound the offence without the permission of the court  since the case is pending for consideration of charge ?

2. what would be the format of application for compounding the said offence?

Thanking you.



Learning

 9 Replies

ADV S PATHAK (lawyer)     19 September 2012

1. get the compromise deed prepared having witnesses with the affidevites of A And B and copy of photo i card of A.

2. move a petetion in HC for quashing FIR and subsiquent proceedings on the basis of compromise.

 B vs state and A.

Samm (representative)     19 September 2012

Thank you, Mr. Pathak

MohammedRaffiq Bijapur (Advocate)     19 September 2012

Samm, I

presume that u r knowing that Sec 324 of IPC is not a compoundable offence.

Wait until charge sheet is filed and get matter refered to Lok adalat and get settled the case because recent judments of Supreme court are canvasing disposal of criminal case are permitted in lok adalat if the nature of offence are not henious.

Moving to high court will also consume same time.

Dr V. Nageswara Rao (Advocate)     19 September 2012

S. 324 IPC is not a compoundable offence at all.

Kishtaiah (Advocate)     19 September 2012

Yes, Md.Rafiq Ld friend is right. Follow the suggestion.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     19 September 2012

Mr Rao ji , 

Yes, 324 IPC is compoundable , court can grant compounding if both parties settle the matter outside the court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dr V. Nageswara Rao (Advocate)     20 September 2012

Under S. 320 IPC, clauses (1) and (2) also, S. 324 is non-compoundable. I do not know whether there is any State amendment.

ADV S PATHAK (lawyer)     20 September 2012

mr rao i can give u judgement of quashing of FIR u/s 307of IPC on the basis of compromise.

Dr V. Nageswara Rao (Advocate)     20 September 2012

I am not taliking of quashing of FIRs u/s 482 of CrPC. Question is only simple: is S324 IPC  compoundable?


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