P. S. NARAYANA, J. ( 1 ) THE learned Judicial magistrate of First Class (Excise ). Karimnagar, by order dated 12-9-2003, had permitted the defacto-complainant and accused to compound the offence with which the accused had been charged with Sections 430, 447 and 427 of the Indian Penal Code (for brevity ipc ). As against the said order, the State preferred the present criminal appeal. ( 2 ) THE learned Additional Public Prosecutor, no doubt, made elaborate submissions and would contend that inasmuch as public interest is involved and also damage had been caused to Tank Bund, a public property, without putting prosecution on notice compounding the offences under Section 320 of the Code of Criminal Procedure (hereinafter referred to as code ) is bad in law and hence, the said order is liable to be set aside. The learned Additional Public prosecutor also would submit that in view of the same, it is a case for admission. Section 320 (8) of the Code envisages that the composition of offence under this section shall have the effect of an acquittal of the (Could, on Col. 2) accused with whom the offence had been compounded. Hence, this appeal is preferred to this Court under Section 378 of the Code. ( 3 ) THE main ground of attack is that cornposition of offences had been recorded without notice to prosecution and since State s interest also is involved, the same is bad in law. Sections 447 and 427, 1pc are eompoundable without the permission of the court. Section 430, 1pc is compoundable with the permission of the Court. ( 3 ) THE main ground of attack is that cornposition of offences had been recorded without notice to prosecution and since State s interest also is involved, the same is bad in law. Sections 447 and 427, 1pc are eompoundable without the permission of the court. Section 430, 1pc is compoundable with the permission of the Court. ( 4 ) SECTION 320 (1) of the Code reads : (1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third columns of that Table : ( 5 ) SECTION 320 (2) of the Code reads : (2) The offence punishable under the sections of the Indian Penal Code (45 of 1860), specified in the first two columns of the Table next following may, with the permission of court before which any prosecution for such offence is pending be compounded by the persons mentioned in the third column of that Table ( 6 ) FROM a careful reading of sub-sections (1) and (2) of Section 320 of the Code, it is clear that the offences specified in first two columns may be compounded by person or persons mentioned in the third column of the table. The principle of English law is that where offence is one of public concern, composition would be illegal and if it is of private nature, such composition would be lawful. This principle in substance was adopted in India. Section 320 of the code is the legislative expression of the said principle. An attempt was made by the learned Additional Public Prosecutor to show that it is also a case where the vital public interest is involved. ( 7 ) ON appreciation of the facts, this Court is of the opinion that primarily this appears to be a private dispute though some controversy, relating to the Tank Bund, had been alleged. Section 320 of the Code does not expressly provide for a notice to the prosecutor as mandatory. However. Court while recording composition of offences may have to examine the material available on record and record the same after being satisfied that the offences are compoundable. Compounding of offences under Section 320 of the Code would be. in cases, laid on police charge-sheets and also in private complaints. However. Court while recording composition of offences may have to examine the material available on record and record the same after being satisfied that the offences are compoundable. Compounding of offences under Section 320 of the Code would be. in cases, laid on police charge-sheets and also in private complaints. Though the provisions of the Contract Act may not be applicable, the proof of agreement to be akin to the composition and the principles underlying the same may be made applicable. Where the offence falls under sub-section (1) of Section 320 of the Code, it is compoundable and the Court is bound to record the same. Sub-section (2) of Section 320 of the Code, specifies offences compoundable with the permission of the Court and Court may have to apply its mind whether the offence falls under sub-section (1) or sub-section (2) of Section 320 of the code. There may be cases where vital public interest of State or interest of agencies of the State may be involved. Though non-issuance of notice to the prosecution is not an illegality, it would be improper on the part of the Court not to put the prosecution on notice before recording composition of offences in general, moreso, in cases where public interest or State interest too would be involved. However, on facts, this Court is of the opinion that this is not a case falling under the said category. Hence, on the ground of this impropriety, the compounding of offences in the given set of facts, need not be disturbed by this Court. I find no reasons to interfere with the impugned order. ( 8 ) CRIMINAL Appeal is accordingly dismissed at the stage of admission. Office to communicate the order to all the Criminal courts in the State.