Six persons are charged under Sections 395/397 of IPC. A petition is filed by the de facto complainant for withdrawal of the case on the ground of the same having been compounded out of court. Can the Sessions Judge allow the prayer?

Question: Six persons are charged under Sections 395/397 of IPC. A petition is filed by the de facto complainant for withdrawal of the case on the ground of the same having been compounded out of court. Can the Sessions Judge allow the prayer? [WBJS, 1998]

Find the answer only on Legal Bites. [Six persons are charged under Sections 395/397 of IPC. A petition is filed by the de facto complainant for withdrawal of the case on the ground of the same having been compounded out of court. Can the Sessions Judge allow the prayer?]

Answer

Section 320 of CrPC specifies a list of offences under the Indian Penal Code which can be compounded by the victims of those offences. Compounding of offences is done only for those offences which are not very severe in nature. Offences such as rape, murder, and dacoity are offences of serious nature and hence are non-compoundable offences.

Section 395 of IPC provides for punishment for dacoity, while section 397 of the code provides for Robbery, or dacoity, with an attempt to cause death or grievous hurt. Both the offences are non-compoundable in nature. Hence the Session Judge is in no authority to allow the prayer for withdrawal of the case on the ground of the same having been compounded out of court.

Section 320 (9) reads: “No offence shall be compounded except as provided by this section.”

Thus, on a bare perusal of sub-Section (9) of Section 320 of CrPC, it is evident that offences which are “non-compoundable” cannot be compounded by a Criminal Court.

Any such attempt by the Court would amount to alteration, addition, and modification of Section 320 of CrPC, which is the exclusive domain of the legislature. However, the High Court, in the exercise of its inherent powers under Section 482 of CrPC, keeping in view the peculiar facts and circumstances of the case and for justifiable reasons, can quash the criminal proceedings to prevent abuse of the process of any Court and/or to secure the ends of justice. [Puran Chand Gupta & Ors. v. State NCT of Delhi & Anr. (2022) Del HC]

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