passed by the Court.
16. In both cases ( S.320(1) and 320(2) Cr.P.C.)
depending on the orders of the Court,
investigation ... approach the Magistrate seeking
composition of offences falling under S.320(1) or
320(2) Cr.P.C . In such event, the Magistrate will
certainly
prosecution' in the context in which
it is used in S.320(2) Cr.P.C. investigation must be a part.
When investigation commences ... necessary to understand the expression 'prosecution' in
S.320(2) Cr.P.C. in any limited sense as to exclude
investigation from
also admitted that they had filed an
application u/s.320(2) of Cr.PC before trial Court in CC
No.409/2009. However ... want of jurisdiction
u/s.320(2) of Cr.PC , the court has rejected the said
application.
3. Before this Court, the petitioner
quash the proceedings u/s 482 Cr.P.C. as these courts are not having
inherent powers u/s 482 ... concerned u/s 420 / 406 IPC can be compounded by
the complainant but permission of the court is required u/s 320 (2)
Centre. However, no formal permission of the
Court as required U/s 320(2) Cr.P.C . for the compounding of the
offence U/s ... offence U/s 354 IPC
could be compounded with the permission of the Court as per
Section 320 (2) Cr.P.C.
Page
offence u/s 420 / 120-B IPC.
FIR NO. 539/1999 PAGE 1 OF PAGE 6
PS MALVIYA NAGAR
2. The facts in brief ... matter with both
the accused persons by moving an application u/s 320(2) Cr.P.C ,
vide order dated 03.06.2006.
5. To prove
dated
17.11.2012 whereby joint application u/s 320 (2) of Code of
Criminal Procedure (hereinafter referred to as " Cr.PC ) of both ... s 156 (3)
Cr.PC for registration of FIR against petitioner no. 2. As a result,
FIR bearing no. 193/11, u/s 420 IPC
IPC .
10. It is further observed that the complainant Smt. Harjeet
Kaur has moved an application Ex.PW-1/A U/s 320(2) ... nature,
therefore, both the offences are compounded as per provisions U/s
320 (2) Cr.P.C and due to the compounding of the offences
this section."
" S.147 :- Offences to be compoundable:-
Notwithstanding anything contained in the Code of
Criminal Procedure , 1973 (2 of 1974), every offence ... specific provision in the Criminal
Procedure Code for compounding offences
enumerated in the tables under Ss.320 (1) and (2)
and as sub-section
commentaries on the Criminal Procedure: In G. P. Boy's (later Justice) Code of Criminal Procedure Volume II at page 320 it is pointed ... office of Coroner of Madras."
In Dr. S. Swaminathan's Code of Criminal Procedure at page 308, Note I under Section 176 states
