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Nanda Gopalan vs State Of Kerala on 24 April, 2015

7. Shri Jethmalani submitted that though the offence under Section 326 could not be compounded, the compromise could be taken into account for reducing the sentence. He further submitted that since the weapon used in the present case was not of the nature specified under Sections 324 and 326, the charge could be altered to Sections 323 and 325. Offence under Sections 323 is compoundable and 325 is compoundable with the permission of the court. Shri Jethmalani has drawn 3 Criminal Appeal No.714 of 2015 @ SLP (Crl.) No.431 of 2015 the attention of the Court to the judgments in Dasan vs. State of Kerala and another1, Mathai vs. State of Kerala2 and Regina vs. Bibi3.
Supreme Court - Daily Orders Cites 19 - Cited by 0 - A K Goel - Full Document

Baiju vs State Of Kerala on 1 February, 2016

11) Having converted the appellants conviction to one under Section 325 of the IPC, we are inclined to follow the course adopted by this Court in granting permission to compound the offence as in Dasan vs. State of Kerala and Another, (2014) 12 SCC 666 and other decisions, in particular, Ram Shanker & Ors. vs. State of U.P., (1982) 3 SCC 388. Learned counsel submits that the victim who had suffered grievous injury have compromised the case and they wish to accord a quietus to their disputes. We, therefore, grant permission to compound the offence under Section 325 of the IPC to the appellants.
Supreme Court - Daily Orders Cites 7 - Cited by 0 - Full Document
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