JUDGMENT

B.N. Krishnan, J. - As identical question of law arises for consideration in these two appeals, they are being disposed of by the common Judgment.

2. Criminal Appeal No. 593/90 is directed against the permission granted by the JMFC, Chitraduiga, in C.C. No. 23/85 for compounding an offence under Section 380 of the Indian Penal Code and consequent order of acquittal and Criminal Appeal No. 214/91 is directed against the permission granted by JMFC, Nelamangala, in C.C. No. 111/88 for compounding an offence under Section 326 of the Indian Penal Code and the consequent order of acquittal.

3. The State has challenged the orders in these two cases on the ground that the offences with which the accused had been charged in these cases were non-compoundable ones and the learned Magistrate had no jurisdiction to accord permission to compound the said offences and therefore, the entire procedure adopted by the learned Magistrate is illegal and the permission granted to compound the offence and the consequent order of acquittal passed are liable to be set aside.

4. In the first Appeal, the learned Magistrate has relied upon a Bench decision of this Court in State of Karnataka v. Basav