Code provides
for compounding of certain offences punishable under the Indian Penal Code ,
1860 (for short, ‘ IPC ’). It reads as follows :
“ S. 320 . Compounding ... Code of Criminal Procedure, 1973 expressly states that no
offence shall be compounded if it is not compoundable under the
Code. At the same time
ignoring the basic principles of criminal law. No review of an order is contemplated under the Code of Criminal Procedure . After the disposal ... made Sections 506(II) IPC, 147 IPC and 148 IPC compoundable offences by amending the schedule under Section 320 Cr.P.C.
e. The offences
Section 320 in The Code of Criminal Procedure, 1973
320. Compounding of offences.
(1) The offences punishable under the sections of the Indian Penal Code ... Indian Penal Code (45 of 1860) may be compounded in like manner.] [Substituted by the Code of Criminal Procedure (Amendment
compoundable in terms of Section 320(9) of the
Code of Criminal Procedure, 1973 and, therefore, compounding
of the offence in the present case ... punishable under Section 354 of the IPC is in terms of
Section 320(2) of the Code compoundable at the instance of
the woman against
Section 147
and the scheme contemplated by Section 320 of the Code of
Criminal Procedure [Hereinafter ` CrPC '] will not be applicable ... Stricto sensu, however,
the table appended to Section 320 of the Code of
Criminal Procedure is not attracted as the
provisions mentioned therein refer only
Section 320 of the Code. No
doubt, under Section 482 of the Code, the High Court
has inherent power to quash the criminal proceedings ... under Section 482 of the Code to
quash the criminal proceedings for the non-compoundable
offences under Section 320 of the Code can be exercised
Constitution of India and Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter called as “ CrPC ”) are a device to
advance justice ... appropriate case when moved under Section 491 of the
Criminal Procedure Code to give directions in the nature of
habeas corpus. In such a case
IPC can be
quashed either under Section 482 of the Code of
Criminal Procedure or under Article 226 of the
Constitution, when the accused ... Code to quash
Criminal proceedings or FIR or complaint were
4
not circumscribed by Section 320 of the Code of
Criminal Procedure.
5. While
Ernakulam, whereby Criminal M.C. no. 3715
of 2010 filed under Section 482 of the Code of Criminal
1
Procedure, 1973, with a prayer ... punishable under Section 354 of the IPC is in terms of Section
320(2) of the Code compoundable at the instance of the
woman against
order to quash the impugned criminal proceedings. His contention is that section 452 IPC being a non compoundable offence cannot be quashed on the basis ... different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude
