Section 307 of the I.P.C. is not such an offence which could be
compounded under Section 320 of the Code of Criminal Procedure ... Cr.P.C. which deals with
second concept. Code of Criminal Procedure , so far as it relates to the
provisions contained under Section 320 Cr
Section 307 of the I.P.C. is not such an offence which could be compounded
under Section 320 of the Code of Criminal Procedure ... Cr.P.C. which deals with second concept. Code of
Criminal Procedure , so far as it relates to the provisions contained under Section
320 Cr
Cr.P.C.
So both the petitioners, in stricto senso the accused and the
complainant, are not under obligation Section 482 of Cr.P.C ... relevant part of
Section 320 of Cr.P.C:
"320 (1) The offences punishable under the sections of
the Indian Penal Code specified
High Court has inherent power under Section 482 CrPC with
no statutory limitation including Section 320 CrPC, has held
that these ... criminal
proceedings.
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6
7. No doubt Section 279 IPC is not compoundable
under Section 320 CrPC
Court has inherent power
under Section 482 of the Code of Criminal Procedure with
no statutory limitation including Section 320 Cr.PC, has
held that ... with direction to continue with criminal
proceedings.
.
9. No doubt Section 354 of IPC is not
compoundable under Section 320 Cr.P.C. However
C.R.(Criminal) 482, as regards compounding of
offence under Section 307 IPC, it was observed as under:
Criminal Procedure Code, Section 320 - Criminal
Procedure
Court under Section 320 (1) Cr.P.C,
whereas Section 325 can be compounded under Section 320 (2) Cr.P.C. with
permission ... direction to continue
with criminal proceedings.
8. No doubt Section 147 IPC is not compoundable under Section
320 Cr. P.C. However, as explained
under
Sections 147 , 148 , 149 , 323 , 504 and 506 I.P.C. and Section 3
4
(i) (x) of the S.C. / S.T. (Prevention ... Penal Code involving matrimonial disputes and
offences, this Court held that even though the
provisions of Section 320 of the Code of Criminal
Procedure would
criminal proceedings or FIR or complaint and
Section 320 of the Code does not limit or affect the
powers under Section 482 of the Code ... Penal Code involving matrimonial disputes and
offences, this Court held that even though the
provisions of Section 320 of the Code of Criminal
Procedure would
Section 320 of Cr.P.C.,
however, this judgment has not specifically explored the applicability of
Section 320 of Cr.P.C qua the consent ... question of exclusion of Section 320 Cr.P.C in cases relating to
compounding of offences under Section 138 of NI Act, due to Section
