dear sir,
an accused person was convicted u/s 326 IPC and during appellate stage dispute was amicably settled.now the injured doesnot wish to prosecute the accused any further.but , the court is of the view that now it cannot be compounded as it is a non-compoundable offence as per sec 320 of CRPC .also, injured cannot be again examined at the appellate court no fresh trial is permitted there.also, court cannot remand the matter to lower court for the mere reason that matter has been settled.
IS THE COURT "S VIEW CORRECT ? IF SO, WHAT IS THE REMEDY OF BOTH ACCUSED AND INJURED WHO SOME HOW WANTS TO CLOSE THE CASE, BUT TO WHICH COURT DOESNOT PERMIT.
SUBMITTED, SALILKUMAR.P
ADVOCATE
THALASSERY-1