Cases 677, and submitted that the Hon'ble Supreme Court quashed non
compoundable offences when a compromise was entered into between the
company (borrower ... quashing the criminal
complaint under Section 482 of the CrPC, thereby providing the
accused a second bite at the cherry. The principle behind
compounding
Cases 677, and submitted that the Hon'ble Supreme Court quashed non
compoundable offences when a compromise was entered into between the
company (borrower ... quashing the criminal
complaint under Section 482 of the CrPC, thereby providing the
accused a second bite at the cherry. The principle behind
compounding
Petitioner are non-compoundable offences. With regard
to the quashing of proceedings involving non-compoundable offences, the
Hon'ble Apex Court ... parties in cases where the offences
are non-compoundable under Section 320 , the High Court may
quash the prosecution even in cases where the offences
compounding is made. There, only those offences which have been made compoundable, can be compounded and the offences which are non-compoundable cannot be compounded ... docket of 'compoundable' offences which have been consciously kept out as non-compoundable. Nevertheless, the limited jurisdiction to compound an offence within
Gian Singh (supra), the Apex Court
permitted the compounding in a non-compoundable case and
quashed the criminal proceedings.
6. In the case of Daxaben ... that offences which are non-
compoundable cannot be compound by the Court.
Courts draw the power of compounding offences from
Section 320 of the Code
convert non-compoundable offence into compoundable one ( Section 324 I.P.C. in the facts of the present case), and (ii) quash/set aside ... 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
reported in
MANU/TN/2458/2023”, wherein this Court quashed non compoundable
offence of Sections 468 and 471 IPC but the facts therein ... quashing of complaint when the offences have been
compounded and even for non compoundable offences. But the only caveat
is that the High Court must
whim
or caprice."
[16] The question of permissibility of quashing of a non-compoundable
offence has been considered by the Hon'ble Supreme ... Constitution of India where FIR can be quashed relating to non-
compoundable offence. In other words, it is not an exception to
the power
Gian Singh (supra), the Apex
Court permitted the compounding in a non-compoundable
case and quashed the criminal proceedings.
6. In the case of Daxaben ... that offences which are non-
compoundable cannot be compound by the Court.
Courts draw the power of compounding offences from
Section 320 of the Code
power under
section 482 of the Code to quash the criminal proceedings in
respect of non-compoundable offences, the High Court is
required to consider ... justice. It was further observed that the High Court
can quash non compoundable offences after
considering nature of the offence and amicable
settlement between