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by Admin
07 May 2024 2:49 AM
In a recent judgment, the High Court of Kerala at Ernakulam reiterated the importance of judicial discretion when it comes to compounding offenses and upheld the right of a victim to withdraw their application for composition. The case involved allegations under Sections 406 and 420 of the Indian Penal Code, where the petitioner was accused of collecting money on a false promise of arranging a job visa to Australia.
The court's observation emphasized the need for a careful examination of composition requests. In the judgment, it stated, "The question is whether the mere filing of the petition seeking composition results in acquittal. In the normal course, the Court accepts the assertion of the complainant that he has compounded the offense. The voluntariness of such composition can be verified by the Court to satisfy itself that the composition is true, genuine, and voluntary."
The court categorized offenses into two groups: those that can be compounded without the permission of the court and those that require court permission for compounding. The distinction was based on the degree of harm done to the state and society as a whole. It underlined the purpose of promoting peace and amicability between parties through composition.
Regarding offenses compoundable with court permission, the court clarified, "unless and until the Court has granted permission, the composition does not have any consequences." This decision reaffirms the principle that composition is not automatic and depends on the court's satisfaction of the voluntariness and genuineness of the agreement.
Kerala High court declined to quash the proceedings, citing a lack of sufficient material. However, it granted the victims the liberty to move a petition for composition if they chose to do so.
This judgment highlights the crucial role of the judiciary in overseeing the compounding of offenses, ensuring that the process is fair, voluntary, and in the interest of justice.
Date of Decision: October 25, 2023
JOHNSON STEPHEN VS CHINCHUMOL
[gview file="https://lawyerenews.com/wp-content/uploads/2023/10/25-Oct-2023-Johnson_Vs_Chinchmol.pdf"]
