2018 CRI. L. J. 2680 ::(2018) 3 AllCriLR 697 ::(2018) 3 Guj LR 2237 ::(2018) 2 Guj LH 690

Gujarat High Court

Hon'ble Judge(s): J. B. Pardiwala , J

(A) Criminal P.C. (2 of 1974) , S.320(1), S.320(2)— Compounding of offence - Application filed by complainant for compounding offences on ground of settlement arrived at between parties - Rejection on ground that accused not joined in prayer for compounding offence - Court cannot accept any prayer to compound offence, unless such offence is declared by law to be compoundable - Compounding of offence under S. 320, Cr.P.C. would be unilateral act - Victim or complainant can himself make application for compounding offence - Court can neither insist on joint application for compounding of offence, nor ask for personal appearance of accused before Court to consider application for compounding of offence - Rejection of application filed by complainant, not proper. (Para 31 32) (B) Criminal P.C. (2 of 1974) , S.320— Compounding of offence - Compounding - Meaning of - It means 'to forebear from prosecuting for crime' - It may be for material consideration or any other consideration - Court must be concerned only with willingness of victim to forebear from prosecution. (Para 17) .....