Whether compounding of offences is permissible even if warrant is issued against accused?
It was Submitted at the Bar that no binding precedent is available on the aspect whether personal presence of the accused is necessary to consider a prayer for composition. After discussions at the Bar and after some research, the learned Counsel for the petitioner himself brings to my notice the decision in Mathew v. State of Kerala 1986 KLT 128, where Justice S. Padmanabhan, in paragraph 8, has observed thus in his clear and lucid style:
Where a particular offence is compound-able by a particular person it is not even necessary for the Court to insist on a joint petition by that person and the accused. Even if the person who is entitled to compound the offence by himself files a petition before Court stating that the matter has been compounded and the case may be closed the Court will be bound to accept the same and close the case except in appropriate cases where it is felt that permission to compound the offence will have to be refused.
Those observations perfectly support the inclusions that I have reached.
22. I shall now attempt to narrate my conclusions. They are:
(1) Composition under Section 320, Cr. P. C. is a unilateral act.
(2) The victim (person shown in column 3 of Section 320(1) and 320(2)) can himself make an application for composition.
(3) It is not necessary for the Court to insist on a joint application for composition. The victim can of course make a joint application along with the accused.
(4) It is not necessary for the Court to insist on the personal appearance of the accused before Court to consider an application for composition under Section 320, Cr. P.C.
(5) The mere fact that the Court has already issued a non-bailable warrant against the accused and that is pending is no reason for the Court not to proceed further with the case. All steps for which personal presence of the accused is not necessary can be continued even if the non-bailable warrant remains unexecuted and the accused has not personally appeared.
Kerala High Court
Y.P. Baiju vs State Of Kerala And Ors. on 30 October, 2007
Equivalent citations: 2008 CriLJ 928
Bench: R Basant
https://www.lawweb.in/2016/04/whether-compounding-of-offence-is.html
