CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints Minimum Wages Cannot Be Ignored While Determining Just Compensation: Andhra Pradesh High Court Re-Fixes Income of Deceased Mason, Enhances Interest to 7.5% 34 IPC | Common Intention Is Inferred From Manner Of Attack, Weapons Carried And Concerted Conduct: Allahabad High Court Last Date of Section 4 Publication Is Crucial—Error in Date Cannot Depress Market Value: Bombay High Court Enhances Compensation in Beed Land Acquisition Appeals Order 26 Rule 10-A CPC | Rarest of Rare: When a Mother Denies Her Own Child: Rajasthan High Court Orders DNA Test to Decide Maternity Acquittal Is Not a Passport Back to Uniform: Punjab & Haryana High Court Upholds Dismissal of Constable in NDPS Case Despite Trial Court Verdict Limitation Under Section 468 Cr.P.C. Cannot Be Ignored — But Section 473 Keeps the Door Open in the Interest of Justice: P&H HC Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness Employee Cannot Switch Cadre At His Sweet Will After Accepting Promotion: J&K High Court Rejects Claim For Retrospective Assistant Registrar Appointment Anticipatory Bail Cannot Expire With Charge-Sheet: Supreme Court Reiterates Liberty Is Not Bound by Procedural Milestones Order II Rule 2 Cannot Eclipse Amendment Power Under Order VI Rule 17: MP High Court Refuses to Stall Will-Based Title Suit Grounds of Arrest Must Be Personal, Not Formal – But Detailed Allegations Suffice: Kerala High Court Upholds Arrest in Sabarimala Gold Misappropriation Case Grounds of Arrest Are Not a Ritual – They Are a Constitutional Mandate Under Article 22(1): Allahabad High Court Sets Aside Arrest for Non-Supply of Written Grounds Sect. 25 NDPS | Mere Ownership Cannot Fasten NDPS Liability – ‘Knowingly Permits’ Must Be Proved Beyond Reasonable Doubt: MP High Court Section 308 CrPC | Revocation of Pardon Is Not Automatic on Prosecutor’s Certificate: Karnataka High Court Joint Family and Ancestral Property Are Alien to Mohammedan Law: Gujarat High Court Sets Aside Injunction Right to Health Cannot Wait for Endless Consultations: Supreme Court Pulls Up FSSAI Over Delay in Front-of-Pack Warning Labels If A Son Dies Intestate Leaving Wife And Children, The Mother Has No Share: Karnataka High Court

Compounding of non-compoundable offence - ignoring and keeping aside statutory provisions- not permissible-SC

07 May 2024 8:19 AM

By: Admin


One Senthil had a verbal altercation with Kumar (original accused no. 3) and Krishnan during a volleyball match and his friend Sathya came to his aid. Murali allegedly struck the victim on his head with a hockey stick and Rajavelu tried to kill him by giving a neck blow with a Veechu Aruval (sharp-edged object), which was fortunately blocked by the victim. In the process, the left hand of the victim and the thumb and finger of his right hand got severed. All five persons were arrested, and it further led to registration of Crime No. 531 of 2005 under Sections under Sections147,148,341,352, 323, 324, 307 and 34 of the IPC. The convict appellants challenged their convictions before two forums, both of which unanimously upheld their conviction. Their criminal revision petition before the High Court met with the same fate vide an order on January 11, 2018. However, through an application filed on 22.11.2019, they have sought to implead the injured victim and get their offences compounded based on mutual resolution and peaceful settlement between the parties. Supreme Court This Court, nevertheless, issued limited notice only on the quantum of sentence for each of them.The parties in this case have on the advice of their elders entered into an amicable settlement. There can be no doubt that Section 320 of the Criminal Procedure Code, 1973 does not encapsulate Section 324 and 307 IPC under its list of compoundable offences. Given the unequivocal language of Section 320(9) CrPC which explicitly prohibits any compounding except as permitted under said provision, it would not be possible to compound the appellants' offences. Learned Counsel for the victim­applicant has reiterated the same stance during oral hearings also. 

It would not be appropriate to order compounding of an offence not compoundable under the Code ignoring and keeping aside statutory provisions. In our judgment, however, it deserves consideration that while imposing substantive sentence, the factum of compromise between the parties is indeed a relevant circumstance which the Court may keep in mind.“The parties to the dispute have mutually buried their hatchet. There is no question of  the settlement being as a result of any coercion or inducement. Considering that the parties are on friendly terms now and they inhabit the same society, this is a fit case for reduction of sentence”.The appeals are partly allowed and sentence of both  the  appellants is reduced to the period already undergone by them. 

05 January,2021

 

Murali  & Rajavelu VERSUS State rep. by the Inspector of Police View Judgement

Latest Legal News