Compounding of offences

SOME OF THE SUPREME COURT JUDGEMENTS ON COMPOUNDING OF DOWRY RELATED OFFENCES So far as the Code of Criminal Procedure is concerned Section 320 deals with offences which are compoundable, either by the parties without the leave of the Court or by the parties but only with the leave of the Court. Sub-section (1) of Section 320 enumerates the offences which are compoundable without the leave of the Court, while sub- section (2) of the said section specifies the offences which are compoundable with the leave of the Court. Sub-section (9) of Section 320 declares; "No offence shall be compounded except as provided by this section". It is thus clear that offences not referred to in sub- sections (1) and (2) of Section 320 and not included in the Table are not compoundable. Similarly, offences punishable under laws other than the Indian Penal Code also cannot be compounded. However, there are judgments of the Supreme Court and High Courts where there has been a departure made to the above legal position in Offences u/s 138 of NI Act and dowry related offences u/s 498A, 406, 323, 506 read with 34 of IPC and Sections 3 & 4 of the Dowry Prohibition Act by exercising powers under Article 142 by Supreme Court or Section 482 by the High Courts. Some of the reported decisions are given below: (i) Ruchi Agarwal v Amit Kumar Agarwal and Ors. (2005) 3 SCC 299 (ii) Mohd. Shamim v Nahid Begum 2005 (1) JCC 83 (iii) Kamlesh Varma and Ors v NCT of Delhi and Ors 2002 (2) CCC (Del) 74 (iv) State of Haryana v. Bhajan Lal, AIR 1992 SC 604 (v) Satish Gathwal and Ors v State and Anr 1982 (2) JCC 114 (vi) State of Karnataka v L.Muniswamy and Ors AIR 1977 SC 1489

Thanks for the vital information Mr.Anil

Thanks. Its useful.

As of now I donot think there is an amendment to section 320 of CR.P.C.

there is a vital difference between compounding and quashing etc. it must be taken note of



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Please refer to a Punjab and Haryana judgment "Kulwiner Singh v/s State of Punjab".........its 2007 judgment and widely reported.

this judgment discusses catina of Supreme Court judgments and gives a new scope to Section 320 Cr.P.C......not merely 498-A type of cases this judgment provides a scope for the compoundability of other offences also which r not included in the list of S. 320 Cr.P.C.

to dicuss the scope of S. 320 Cr.P.C the knowledge of this judgment is must.......i would request all my friends do read this judgment and make opinion.

its a 5 judges bench judgment.

Dear Kiran Kumar, can you provide the case/ revision/ appeal number and date of judgment.

Thanks for the vital information given by Kiran Kumar.

I am sending as attachment the judgement of the Punjab and Haryana High Court in Crl.Misc. Petition No. 33016-M of 2007 dated 08.-08.2007 for the benefit of all the members.

 

In Andhra Pradesh SEc.498a IPC is compoundable.  I think Maharastra joined the line recently.   If non-compoundable offcences are included like 3 & 4 Dowry prohibition Act etc., then QUASHING is teh solution( may be by way of setttlement).