Whether compounding after framing of charge is possible & tenable in case section 279, 337,338

nishant (Querist) 14 November 2011 This query is : Resolved
HI IAM Junior Advocate Nishant PLease tell me,
1) whether compounding application before JMFC after framing of charge is possible & tenable in case of IPC Section 279, 337,338 (Rash & Neglegent Driving
2) I have mentioned the judgement before JMFC Adwait S Aatre Vs State of Maharashtra 2011 ALL MR (Cri) 1944 Headnote- S.482CrPC-S.279,338 IPC - Once the offence u/s338 IPC is compounded nothing survives for trying the offence u/s 279 IPC proceeding for offence u/s 279 IPC deserves to be quashed.
3) In above case chargesheet was about to b given.In my case charge has been already framed. One PW has came & he supported my case. But JMFC(trial court) is not convinced for compunding.
4) So main question is compunding application is tenable after framing of charge. Is there any ruling on this point or what is soltuion?

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Raj Kumar Makkad (Expert) 14 November 2011
1. Yes.

2. This is only info and no any question.

3. if evidence of some witnesses has already taken place then no scope.

4. In the given facts, there is no chance.