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2008 (8) TMI 949 - SC - Indian LawsAttack with deadly weapons - Compounding of offences - matter has been compounded by compromise between the parties - Convicted for offences punishable u/s 147 and 324 IPC - HELD THAT:- The compounding of an offence signifies that the person against whom an offence has been committed has received some gratification to an act as an inducement for his abstaining from proceeding further with the case [2007 (12) TMI 444 - SUPREME COURT]. Section 320 deals with offences which are compoundable, either by the parties without the leave of the Court or by the parties but only with the leave of the Court. It is clear that offences not referred to in sub-sections (1) and (2) of Section 320 and not included in the Table are not compoundable. Similarly, offences punishable under laws other than the Indian Penal Code also cannot be compounded. It is no doubt true as stated by the ld counsel for the appellants even at the time of preliminary hearing of this matter that by the Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005) the above entry has been deleted. In other words, an offence of voluntarily causing hurt by dangerous weapons or means punishable u/s 324, IPC is no more compoundable. The Amendment Act of 2005 came into force from June 23, 2006. According to the prosecution, the appellants had committed the offence on June 15, 1995. Hence, in our opinion, Act 25 of 2005 has no application to the facts of the case. We, therefore, see no ground to refuse permission as sought by the parties who have compromised the offence which was compoundable under the Code as it stood in 1995. If it is so, compounding can be permitted and accused (appellants) can be acquitted. Therefore, the appeal deserves to be allowed and is accordingly allowed by holding that since the matter has been compounded by compromise between the parties and there is no illegality therein, such compounding can be permitted by the Court. The appellants are, hence, entitled to acquittal. The order of conviction and sentence recorded by all Courts is hereby set aside.
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