Section 320 deals with compound-ing of offences. Certain offences may be compounded even without the permission of the Court, like hurt (Sec. 323 IPC), criminal trespass (Section 447 IPC), Adultery (Section 497 IPC) etc., Certain other offences such as hurt with a deadly weapon (Section 324 IPC) grievous hurt (Section 325 IPC), theft of property of not more than Rs.250/- in value (Section 379 IPC) etc., can be compounded only with the permission of the Court.
In the case of offences which are compoundable without the permission of the Court a single petition signed by the accused and the person competent to compound is sufficient and the order that should be passed is merely that the petition is allowed.
But, in the case of offences which are compoundable only with the permission of the Court two petitions have to be filed, one for permitting the offence to be compounded and the other regarding the fact that the offence has been compounded.
On the first petition the order to be passed is “permitted” and on the second petition the order to be passed is “petition allowed” or “recorded”. Thereupon on the docket sheet of the main case record an order should be passed referring to the fact that the offence has been compounded as per orders of Cr.M.P.No……. and that the accused is therefore discharged (if the compounding takes place in a warrant case before the framing of the charge) or acquitted.
ADVERTISEMENTS:
The consideration which weighs with the Court when its permission is sought for compounding an offence is the restoration of cordial relations between the complainant and the accused and the general interest of the public.