The complainant and the accused in a criminal case arrived at a settlement of an offence which was not compoundable under the provisions of the Code of Criminal Procedure, 1973. Answer the following questions citing rele

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2015
The complainant and the accused in a criminal case arrived at a settlement of an offence which was not compoundable under the provisions of the Code of Criminal Procedure, 1973. Answer the following questions citing relevant case laws — Whether the court can allow compounding of this offence in the interests of justice to both the parties ?

Answer & Explanation:

The Court cannot allow compounding an offence which is not compoundable. The Supreme Court made it clear that the Court has in a long line of decisions ruled that offence which are not compoundable under section 320 of the Cr.P.C. cannot be allowed to be compounded even if there is any settlement between the complainant on one hand and the accused on the other [Ramlal & Anr v. State of J & K (199) 2 SCC 213. Ishwer Singh v. Sate of M.P., AIR 2012 SC 888]

Topics: Criminal Procedure

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