N. L. TIBREWAL, J.

( 1 ) THIS Larger Bench is required to answer the following questions of law referred to it :-I) Whether composition of offence/offences, except as provided by Section 320 Cr. P. C. , can be permitted in exercise of powers under Section 482 Cr. P. C. , specially when Sub-Section (9) of Section 320 Cr. P. C. expressly prohibits; ii) If the answer is given in affirmative, whether this permission can be granted after the conviction of the accused under the offence/offences which is/are not compoundable under Section 320 Cr. P. C. The necessity to answer second question shall arise only if question No. 1 is decided in the affirmative.

( 2 ) THE relevant facts necessitating the reference are :the petitioner-Mohan Singh was convicted and sentenced by the trial Magistrate under Section 326 IPC to one year rigorous imprisonment and to pay a fine of Rs. 1000. 00 vide judgment dated 29/03/1985 for causing grievous injury to Gulab Singh. He preferred an appeal which was pending for disposal in the court of Additional District and Sessions Judge, District Jaipur. Before the appellate court, a compromise petition under Section 320 of the Code of Criminal Procedure,