compounding of a non-compoundable offence u/s.304-A

RADHA PYARI SRIPADA (Querist) 17 August 2009 This query is : Resolved
Please elaborate about the procedure for compounding of an offence pertaining to a case of medical negligence under S.304A pursuant to a compromise deed to withdraw all cases (including consumer and criminal)and the agreed amount is paid in full in the consumer court.
Thanks to all learned members for sharing your knowledge.
RP Sripada

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vinjamuri ranga babu (Expert) 17 August 2009
hi sripada
when your clients are interested to compsomis, then you file a an application for comopoinding and with the other application of leave of the court. then you can comprimise, though it is non compoundable offence.
vr

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Kamal Grover (Expert) 17 August 2009
First of all they both the complainant and accused have to made a compromise deed on stamp papers and an affidavit by the complaiant in respect of withdrawl of all the civil and criminal cases. thereafter you have to file a case of quashing u/s 482 in high court on the basis of compromise.
Good luck. there is a recent judgement of punjab and haryana high court on this point for quashing.
Your further clarification is welcome at nominal fee at;
adv.kamal.grover@gmail.com
Advocate
M:09814110005
PB. & HRY. HIGH COURT CHANDIGARH (INDIA)
With Regards

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Guest (Expert) 18 August 2009
File Quashing Application under section 482 of Cr.P.C. beforet the High Court annexing all necessary documents.

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A. A. JOSE (Expert) 20 August 2009
Yes, I agree with the above views. You may apply to the court with your compromise deed. Thre are judgements of the apex court that even non-compoundable offences can be allowed to be compounded.

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