their
conviction under Section 326 read with 34 IPC , since the said offence
is `noncompoundable’ within the scheme of Section 320 ... power conferred under Section 482 of the
Code to quash the criminal proceedings for the non
compoundable offences under Section 320 of the Code
counsel for the appellant,
i.e., composition of offence under Section 324 IPC.
Section 320 of the Code of Criminal Procedure, 1973,
provides for compounding ... Section 324 in the facts of the
present case can be compounded only with permission of
the Court. Sub-Section (5) of Section 320 provides
against the accused.
Since the power under Section 482 of the Code was not controlled by Section
320 of the Code, such power could ... under Section 482 of the Code.
He sought to equate the provisions of Section 482 of the Code with the
provisions of Section
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 ... Constitution or under Section 482 Cr.P.C. to direct doing something which the Cr.P.C . has expressly prohibited. Section 320
Offences which cannot be compounded at all.
51 Sub-section (1) of Section 320 of the CrPC stipulates that offences
punishable under the sections ... injured person. Broadly speaking, the offences covered by sub-
Section (1) of Section 320 are relatively of a minor nature directed against an
individual without
parties but only with the
leave of the court. Sub-section (1) of Section 320 enumerates the
offences which are compoundable without the leave ... exception to the general rule incorporated
in sub-section (9) of Section 320 CrPC which states that “No
offence shall be compounded except as provided
complaint in exercise of its inherent power under Section
482 of the Code and Section 320 does not limit or effect the
powers ... filed under the provisions of the Cr.P.C .
Sub-section (9) of Section 320 Cr.P.C. provides a specific bar for
compounding
Section 320 Cr.P.C., Section 147 of the Negotiable Instrument Act and Section 482 Cr.P.C.
Section 320 Cr.P.C. - Compounding ... this court vested under section 482 Cr.P.C. The embargo of sub section 6 of section 320 Cr.P.C. as pointed
exercisable by High Court under Section 482 of
Cr.P.C, it would be appropriate to mention Section 320 of Cr.P.C. and
power ... Courts are required to interpret it. On coming to sub-Section (9) of
Section 320 Cr.P.C, the question as to whether
discussed were a matter of discussion in reference to
sub- section 6 of Section 320 Cr.P.C., Section ... parties but only with the leave of the court. Sub-section (1) of Section 320
enumerates the offences which are compoundable without the leave