Compounding of an offence under section 320 c.r.p.c

Sir,

 whether compromise can happen with one accused?

Under section 320 (2) ....IPC 325 is no compudable so court permission is required.

(8) The Composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

Pls clarify.

Regards,

SHAIL

Sir,

 whether compromise can happen with one accused?

Under section 320 (2) ....IPC 325 is no compudable so court permission is required.

(8) The Composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

Pls clarify.

Regards,

Shashi

Person by whom offense may be compounded is generally the victim/complainant.  However all the accused parties i.e., accused and co-accused shall be party to the compromise.  "The Composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded."......means, once the offense is compounded by the complainant, it is as good for the accused as he is acquitted in Trial by Court.

Thanks for reply.

Now let me give you more clear picture of the case. Here complainant want to compromise only with one accused and want to continue his case with others i.e. 3 more accused.

Case is continue under IPC 323, 504 & 325 so complainant can compromise for IPC 323 & 504 since both are compoundable offence under section 320 (1) but for IPC 325 complainant need to take permission from court to compromise under section 320 (2) 8 ......pls correct me.

Now the question is compromise will take place with only one accused and remaining accused case will continue.......

I have found one case Law

"2010(1) CRIMINAL COURT CASES 0898 (P&H)
Criminal Procedure Code, 1973, Section 320, 482, Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4 - Non compoundable offence - Of the
seven accused, complainant entered into compromise with one accused - Proceedings qua one
accused quashed. (Para 10)PUNJAB & HARYANA HIGH COURT"

Kindly guide me will it is correct reference to present on this case. Actually the confusion is that compromise can be done with one accused or not when there are many accused?

Pls reply me with some case references to justify.

Generally speaking, it is offense that is compromised not the accused persons. However as you have a case law in hand proceed and see what happens.  High Court can do anything under sun under inherent jurisdiction of Sec.482 Cr.PC. 

But sir in your experience have you ever done such case where complainant is compromising with one accused leaving other to continue case as it is.  I think court should no any any issue or objection if complainant want to compromise with one accused.

what is your opinio?