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Siv (engineer)     03 November 2011

Should accused required when compunding offences u/s 320

Should accused presence in court required when compunding offences U/s 320 of CrPC ....? Is it must or descretion of the court....?


 10 Replies

sridhar pasumarthy (ADVOCATE)     03 November 2011

Dear Siv,

Presence of accused is must.

Siv (engineer)     03 November 2011

Dear Sridhar Sir,


Does CrPC says that the accused must be present in court at the time petition U/s 320 is filed by the complainant ..... or it is general practice of the court.


Please provide me any link for citataion judgement.


Thanks in advance.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 November 2011

The presence of accused is must generally, but court can exempt from personal appearance on exceptional groyunds.





Shonee Kapoor


Siv (engineer)     03 November 2011

Dear All,

The incidents details happened in my case:

On 1st Nov-2011 I filed Quash Petition (QP) U/s 482 CrPC against the proceedings in Maintenance case (MC) filed U/s 125 in Family Court (FC).

The grounds in QP are

  1. Unclean hands (contradictions between the 498A case and CrPC-125 case such that any one version is true in all practicla situation) and committed perjury and no need to hear the case on merits.
  2. Wife violated compromise terms and FC failed to proceed the case since one year … and FC failed to take action on perjury.
  3. Wife supressed the facts of earnings and misled the court.

3. Prior to this I have filed QP against 498A case and is pending in the asme High Court (HC). Dring the QP of MC in the HC I mentioned same then court said that on 18th Nov-2011 all the quash petitions will be called for heairng and will be disposed and court ordered to make 498A quash petiton and QP of MC as connected matters. The 498A quash gronds are as follows:

  1. Unclean hands (contradictions between the 498A case and CrPC-125 case such that any one version is true in all practicla situation) and committed perjury and no need to hear the case on merits.
  2. Not a single 498A case investigation report allegations are part of the CrPC-125 petition in FC revelas that the investigation report is false or CrPC-125 is fabricated, in any case wife is punishable.
  3. No investigation at Bangalore by the police and as per CrPC-125 allegations the people from Hyderabad can not become either Hear Say witnesses or eye-witnesses because during the period wife lived at Bangalore (15 days) wife did not use phone and the witnesses of 498A never visited Bangalore, hence no witnesses from bangalore possible and case shall be investigated by the Bangalore police at Bangalore with respect to jurisddiction.
  4. Wife violated compromise conditions and that might have caused destruction of evidence.

(After submitting these arguments HC Judge asked the wife counsel about the objections but not a single objection is raised by the counsel except during the trial facts could be decided, then I asked which fact. Judge also asked which fact….. no reply from wife side…. Suddenly wife side said wife side compromise and need time…. Since 5 months no action initiated which I will raise in court on 18th Nov.)

4. On 2nd Nov-2011 in FC both parties appeared for MCD and CrPC-125 and I told to FC that this wife failed to initiate withdrawal of 498A case. Upon the court asked to discuss and come to final decision what to do.

5. wife side filed an affidavit in FC saying that she is ready for MCD and wife will not object 498A qush in high court in the petition No. xxx which is pending at this moment.

6. For your information, I filed case against the wife and others at bangalore court (PCR) U/s 120B, 384, 506, 323, 500 IPC and same forwarded to police for investigation is pending before police. And I gave letter to police saying that the matter between Some Accused and complainat(me) are settled and no need to action on the accused who settled matter with me. Does it mandotorty to file 320 CrPC petition in court ? Does wife and other accused of PCR should be present in court at the time I file the petition U/s 320 of CrPC.

7. Will wife side obeject in HC saying that husbnad did not withdraw the case at Bangalore by filing the 320 CrPC petition in court?

Please send me your kind advice.

Thanks in advance….

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 November 2011

The incidents doesnot has to do anything with the presence of the accused in the court.


Shonee Kapoor


Siv (engineer)     04 November 2011

Dear Shonee,


I agree with you that incidents are not concern with the court procedures.... I was trying to get advices for indipendent imtes viz. High Court matter and the compromise matter.


Could you explain me what would happen in the High Court on quash petitions (498A quash and CrPC-125 petition quash) based on the grounds listed above....


I am doing Party-In-Person in court....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 November 2011

These grounds are not sufficient for quashing as per my limited understanding of the things.





Shonee Kapoor


Siv (engineer)     07 November 2011

Dear Shonee Ji,


As per the below ground the wife shall be sent to jail considering the fact that any one version of her is false:


CC.NO: 1280/2008 Allegations Version

MC.NO: 145/2009 Allegations Version


The complainant/wife was allegedly necked out of house along with her brother by the accused-A1/husband and brother-in-law of A1 hence left matrimonial home at Bangalore.

The petitioner/wife was left alone at home starving for food and husband did not return home and knowing this brother of the wife came to Bangalore and took the wife to Bangalore and during the period the wife’s brother stay at Bangalore husband did not return and was not available even on phone hence left matrimonial home at Bangalore.

Any one version said to be false on the ground that the two contradicting versions not possible to happen in real time scenario.


In the below circumstances the parents of the wife (who are witneses in 498A case) are not the possible witnesses and the neighbor families are the possible witnesses and police has no ground not to record the neighbor families at alleged crime:



During the stay of wife in matrimonial home no telephone facility is provided.

During the stay of wife in matrimonial home wife was alone and no telephone facility is provided.

Only neighbor families at Bangalore can be the witnesses of any incident and Hyderabad Police has no ground to investigate at Hyderabad.


Without investigation and without examining the witnesses proceedings in this criminal case are abusing the process of law and even after making the request the police refused to investigate at Bangalore, on this ground the case may not be quashed but shall be ordered for further investigation after transfering the case to Bnagalore from Hyderabad on the ground of jurisdiction.


Could you share your opinion on the grounds that the opposite party may potentially take the stand during the orguments:



Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 November 2011

Discussed somewhere else also. No point of repeating.





Shonee Kapoor


whizkid ( )     14 October 2014

Dear Sir/Madam,
There is a case pending with the Magistrate court, about IPC 498-A.  The case was chargesheeted and filed in the court, but the trial did not start nor committed yet.  The complaint was filed against five people, with A1 being the husband.  There is a pending NBW against A1.
The girl submitted an affidavit for compounding of the offense, with signatures from A2-A4.  A1 is currently abroad and has been so since the registration of the FIR.
Can you please advise:
If the compounding of the offense can be performed with the magistrate court, without A1 being present?
If yes/no, any elaboration (or cross reference to previous judgments or existing sections) is gratefully appreciated.
And, are there any provisions/extra steps that can be performed to complete the compounding with the above status of the case?
Thank you for your time and help.
p.s: Please note that, I read the previous comments on this thread, and as Mr. Shonee mentioned "The presence of accused is must generally, but court can exempt from personal appearance on exceptional groyunds."
Please suggest if you know any references/cases that can be quoted for the exemption.

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