Is an offence created by a special law compoundable?

Question: Is an offence created by a special law compoundable? [MPJ 2013, WBJS, 1998]

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Answer

The High court must refrain from quashing the criminal proceeding based on a compromise between the victim and the offender if the offence is under a special statute like the Prevention of Corruption Act or committed by public servants while working in that capacity.

The Judgment by the Hon’ble Supreme Court in Narinder Singh v. State of Punjab (2014) 6 SCC 466, fortifies the principle that if the offence is primarily civil in nature and a settlement has arrived between the parties, the high courts can compound such offences while exercising its inherent power under Section 482 of the CrPC. However, if the offences are under special statutes or against society, High Courts ought to refrain from compounding such offences merely because a compromise has been arrived at between the parties.

That is to say, the guidelines laid down by the Supreme Court in the present case must be adhered to by high courts whilst exercising its inherent powers sparingly and with caution.

The court further noted that “any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act, or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal proceedings involving such offences.

But the criminal cases having overwhelmingly and predominately civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute.

In this category of cases, the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim.

In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding or continuation of the criminal proceeding would be tantamount to abuse of the process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”

Thus we can say that yes, the offence created by a special law is compoundable as well, but that depends on the nature and gravity of the offence in view of Section 320 of the code.

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