cheating punishable under Section 420 IPC, the same
has been made compoundable under sub-section (2) of Section 320
CrPC with the leave ... 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
quote Section 147 of the N.I. Act :
" Section 147 . Offences to be compoundable :- Notwithstanding anything contained in the Code of Criminal Procedure ... punishable under I.P.C . and reference to Sub-section (1) of Section 320 i.e., Table I shown in Section 320
well as Section 89(a) & (b) of the Code of
Civil Procedure , 1908 incorporated on 1st of July 2002); judicial
Crl ... examine from the Cr.P.C.,
the provisions of Section 29, which provides the sentence which a
magistrate may pass; Section 320 which stipulates cases
with the permission of the Court only. Sub-sections (3) to Sub-sections (9) of Section 320 Cr.P.C. reads as under:
(3) When ... 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
offence
under Section 138 shall also be reckoned as a compoundable
offence under the Code i.e. under Section 320 Cr.P.C.
I respectfully ... nothing in
Section 320, which makes a post-revision composition impermissible if the
offence would fall within Section 320(1) Cr.P.C. Section 320
obviously, the implication of Sub-
section (2) of Section 320 and Sub-section (9) of Section 320 of the
... ground of
implications of Sub-section (9) of Section 320 and Sub-section (2) of
Section 320 of the Cr.P.C. so that ultimately
Courts under Section 482 , Code of Criminal Procedure (Code) read with Articles 226 and 227 of the Constitution of India to quash criminal proceedings ... cheating punishable under Section 420 IPC, the same has been made compoundable under Sub-section (2) of Section 320 Cr.P.C. with the leave
I.P.C . The offence under
section 341 I.P.C. is compoundable under Section 320(1) Cr.P.C.
even without the permission ... under section 324 I.P.C. is compoundable only with the permission of
the court under Section 320(2) Cr.P.C. The parties - petitioners
offence made punishable
under IPC and reference to Section 1 of Section 320, i.e.
table I shown in Section 320 ... salutary provisions of Section
147 of Negotiable Instruments Act read with Section
320 of the Code of Criminal Procedure, this Court is
of the opinion
