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
Code of Criminal
Procedure Code, 1973, praying to compound the offence under Section 147
of The Negotiable Instruments Act read with Section 320 ... Crl.A.No.373 of 2015 is filed
under Section 482 of the Code of Criminal Procedure Code, 1973, (for short,
Cr.P.C ) praying
Courts are required to interpret it. On coming to sub-Section (9) of
Section 320 Cr.P.C, the question as to whether ... criminal proceedings or first information report or complaint
and Section 320 of the Code does not limit or affect the powers
under Section 482
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
controlled by Section 147 and the scheme contemplated by Section 320 of the
Code of Criminal Procedure (hereinafter " CrPC '") will ... section (1) of Section 320
enumerates the offences which are compoundable without the leave of the
court, while sub-section (2) of the said section
controlled by Section 147 and the scheme contemplated by Section 320 of the
Code of Criminal Procedure (hereinafter " CrPC '") will ... section (1) of Section 320
enumerates the offences which are compoundable without the leave of the
court, while sub-section (2) of the said section
CRIMINAL PETITION No.1045 of 2021
ORDER: -
This Criminal Petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short " ... permission of the Court. Section 326 IPC is not enumerated either
in Clause (1) or Clause (2) of Section 320 Cr.P.C. Therefore
their
conviction under Section 326 read with 34 IPC , since the said offence
is `noncompoundable’ within the scheme of Section 320 ... compoundable’ cannot be
compounded by a criminal court in purported exercise of its powers
under Section 320 Cr.P.C. Any such attempt
Code of Criminal Procedure was
amended, that compounding was first introduced as a procedural tool in Indian
criminal law. Section 188 therein stated:
“Section ... Code of Criminal Procedure was amended again in 1898.
Finally, in its current form, the compounding of offences is permissible under Section
320
exercisable by the High Court under Section 482
Criminal Procedure Code with a view to prevent
the abuse of law or to secure the ends ... only the
non compoundable offences notwithstanding the
bar under Section 320 Criminal Procedure Code
but such a power, in our considered view, is
exercisable
