S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court

The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section, certain offences have been listed which can be compounded without the permission of the. The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused. Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section, certain offences have been listed which can be compounded without the permission of the Court. The Public Prosecutor however, argued that the filing of the application seeking composition having the force of acquittal at the moment it is filed ought to be only in case of offences compoundable without the leave of the Court and that in case of offences where leave of the Court is required, only after granting of leave, a judicial act of deciding whether,in the interest of justice, the parties should be allowed to compound, shall it have the force of acquittal.