SUBHASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A case vide FIR Annexure P-2 was registered against the petitioners herein at the instance of respondent No. 2-complainant under Sections 341, 323, 325 and 506 read with Section 34 of the Indian Penal Code.

(2.) Offence under Sections 323 and 341 IPC is compoundable by the person to whom the heart is caused/restrained or confined. The offence punishable under Section 325 IPC in terms of the provisions contained under . Section 320(2) Cr.P.C. is compoundable by the person to whom the heart caused with the permission of the Court. Section 34 does not deal with any substantive offence and rather charge against the accused two or more in number is framed with the aid thereof that too when it is established that the accused had common intention to do an act and thereby to cause injury to the victim of the offence. Therefore, appropriate application for compounding of offence should have been filed before learned Magistrate itself.

(3.) This petition being not maintainable is accordingly dismissed with liberty reserved to the parties, particularly respondent No. 2-complainant, to approach learned Magistrate below for compounding of offence in accordance with law. The petition is accordingly disposed of.