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CHATTISGARH HIGH COURT
Sanjay K. Agarwal, J.
Gajra Sahu v. State of Chhattisgarh
| Table of Content |
|---|
| 1. petitioner charged under non-compoundable offence. (Para 1 , 2 , 3) |
| 2. arguments regarding the compoundability of the offence. (Para 4 , 5) |
| 3. court's justification for the dismissal based on legal amendments. (Para 6 , 7) |
| 4. final ruling on the petition. (Para 8) |
1. The petitioner is facing trial for commission of offence punishable under S.354 of the Indian Penal Code (in short 'I.P.C. - ).
2. The petitioner and victim both have jointly made an application under S.320(2) of the Code of Criminal Procedure , 1973 (in short 'Cr.P.C. - ) seeking leave to compound the said offence before the Judicial Magistrate First Class, Durg.
3. Learned Judicial Magistrate First Class, Durg by its order dated 11/03/2014 held that the offence is not compoundable and the application came to be rejected.
4. Learned counsel for the petitioner would submit that the offence is compoundable with the leave of the Court and therefore, the order of the learned Judicial Magistrate First Class, Durg is liable to be set - aside.
5. Learned counsel for the State / respondent would submit that by S.23(ii) of the Code of Criminal Procedure (Amendment) Act, 2008 (Act No. 05 of 2009 w.e.f. 31/12/200
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