Code of Criminal Procedure , 1973 (for
short, ‘Code’) which are vital for consideration of the issue referred to
the larger Bench are Sections 320 ... offence punishable under
Section 307 IPC is not a compoundable offence. Section 320 of
the Code of Criminal Procedure, 1973 expressly states that no
offence
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 ... third column of that Table :- [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 23 (i) for the Table.] [TABLE
Offences to be compoundable :- Notwithstanding anything contained in the Code of Criminal Procedure , 1973 (II of 1974), every offence punishable under this Act shall ... punishable under I.P.C . and reference to Sub-section (1) of Section 320 i.e., Table I shown in Section 320
petition filed in a case where the offence is compoundable.
6. Section 320 Cr.P.C. deals with compoundable offences. Sub-section (1) of Section ... offence under Section 500 I.P.C which is compoundable in the manner provided in Sub-section (1) of Section 320 Cr.P.C. Before
beginning of the Section,
application of Criminal Procedure Code is totally excluded.
Therefore Sections 320 and 362 of Cr.P.C. have to be ignored ... Judge in that aspect and hold
CRL.M.C.1540/2007 28
that procedure under Section 320 of Cr.P.C. should be followed
while
held that Section 362 of the
Criminal Procedure Code mandates that no Court, when it has
signed its judgment or final order disposing ... criminal proceedings or FIR or complaint and S.320 of the
Code does not limit or affect the powers under S. 482 of the
Code
I.P.C. is not such an offence which could be
compounded under Section 320 of the Code of Criminal Procedure ... 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
only the non- compoundable offences notwithstanding the bar under Section 320 Criminal Procedure Code but such a power, in our considered view, is exercisable ... under Section 482 , Code of Criminal Procedure (Code) read with Articles 226 and 227 of the Constitution of India to quash criminal proceedings. The scope
I.P.C . The offence under
section 341 I.P.C. is compoundable under Section 320(1) Cr.P.C.
even without the permission ... expression
'prosecution' is not defined in the Code of Criminal Procedure . The
State prosecutes the offender. Prosecution etymologically is the
process by which
compounded, the offence is compounded as a whole since Sections 320 (1)
and 320 (2) Cr.P.C envisages that it is the offence
that ... complainant is that the petition in Crl.M.P.No.2250 of 2011 was not
under Section 320 Cr.P.C or even under Section
