Allowed revision directing trial court to entertain petition for compounding Section 324 IPC offence, relying on Supreme Court ratio that compounding of grievous hurt (S. 325) permits compounding of simple hurt (S. 324).
Trial court directed to entertain petition CFR No.1482 of 2017 and permit parties to compound offence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI CRIMINAL REVISION CASE No. 1573 OF 2017
ORDER :
This Criminal Revision Case is filed by the petitioners/accused 1 to 4, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, (for brevity, ‘the Code’) having been aggrieved of the fact that the trial court did not entertain the petition filed under Section 320(2) of the Code requesting for permission to compound the offence punishable under Section 324 of the Code and returned the said application in CFR No.1482 of 2017 with endorsement, dated 20.05.2017, to the effect that the offence under Section 324 IPC is not a compoundable offence.
1( 2006) 1 SCC (Crl.) 316
2 2015(1) ALD (Crl.) 280
2
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ JUSTICE M.SEETHARAMA MURTI
June 15, 2017 LMV
2 issues framed by the court
Whether a trial court is directed to entertain a petition to compound an offence under Section 324 IPC based on the ratio that Section 325 IPC is compoundable.
Whether the principle allowing compounding of a lesser offence when the greater offence is compoundable applies here.
Colour shows how this judgement treated each authority
Avinash Shetty v. State of KarnatakaFollowed¶4
(2006) 1 SCC (Crl.) 316 · Who else cites this
Darapuneni Raj Kumar v. State of Andhra Pradesh and anotherFollowed¶4
2015(1) ALD (Crl.) 280
5 provisions across 2 enactments
Petitioners/Accused 1 to 4
State
M. Seetharama Murti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
