Rohit Patwari , Kolkata vs Ito, Ward - 36(1) , Kolkata on 15 March, 2019
IN THE
Shruti Dhoot, Kolkata vs Ito, Ward - 46(4) , Kolkata on 15 March, 2019
IN THE
impermissible under the law, as the effect of
compounding would be the acquittal of the petitioner for the said
offences under Sections ... acquittal of the accused with
whom the offence has been compounded. The effect is automatic.
Wherever composition of an offence takes place it has
instantaneous
acquittal of the accused with whom the offence has been compounded. The effect is automatic. Wherever composition of an offence takes place it has instantaneous ... this Court has compounded the non-compoundable offences indirectly? We do not think so. There does exist the distinction between compounding of an offence under
compounding
under this Section shall have an effect of acquittal of the accused. The
resultant effect of compounding of offences would be that the accused ... offence
has been compounded.
(9) No offence shall be compounded except as provided by this
section.
Resultantly, the effect of compounding of offence would
revision of the seniority list.
Apart from a bald assertion to this effect, the respondents have not been
able to show that the judgment ... Head
Constables over a period of several years which had a
compounding effect on promotional prospects of a number of
constables who have been agitating
effect of Section 23-A of the M&M Act.
We would like to quote the aforesaid provision:-
“23A. Compounding of offences ... cannot release the vehicle or the other materials
seized. The effect of compounding is that the offender
gets the prosecution avoided qua the offence.
However
factor deciding whether an offence under
section 324 IPC is compoundable or non-
compoundable is the date of its commission. The
extracted portion ... Section 447 is compoundable all
along. Offence under Section 324 was compoundable before
the Code of Criminal Procedure (Amendment
made compoundable but Section 192A is
not included in that section. In other words, the offences
covered by Section 192A cannot be compounded by pressing ... those offences could have been compounded which were
otherwise compoundable. Other of fences which were non-
compoundable with effect from November 14, 1994 could
effect of Section 23-A of the M&M
Act. We would like to quote the aforesaid
provision:-
“23A. Compounding of offences ... cannot release
the vehicle or the other materials seized. The effect
of compounding is that the offender gets the
prosecution avoided qua the offence. However