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2023 Supreme(MP) 71

VIJAY KUMAR SHUKLA
Sanjay @ Sanju – Appellant
Versus
State of M. P. – Respondent


Advocates:
Sanjay Kumar Sharma for applicants; Govind Raj Purohit, Government Advocate, for respondent No. 1/State; Kailash Chandra Kaushal forespondents No. 2 to 5.

ORDER

1. This is a petition under section 482 r/w section 320(2) of the Code of Criminal Procedure for quashing of Criminal Case No.776/2014 for commission of offences under section 307, 452, 341, 34 of IPC.

2. The applicants and the complainant filed an application IA No.13222/2022 for compounding. Parties were directed to appear before the Principal Registrar for verification of the compromise. Report has been submitted by the Principal Registrar of High Court that parties have voluntarily compromised the matter and amicably settled the dispute without any threat, inducement and coercion.

3. Counsel for the State submits that the offence under section 307 of the IPC is non-compoundable under section 320 of the Cr.P.C.

4. In view of the above, it would be apposite to survey the law in respect of compounding in non-compoundable case. The apex Court in the case of Gian Singh v. State of Punjab and Anr. reported in (2012) 10 SCC 303 after considering the the provisions of section 320 and 482 of the Cr.P.C held that the compounding can he permitted in a non-compoundable offence.

5. Relevant part of the order of the order reads as under :-

"Quashing of offence or criminal proceedings on

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