Folks,
I’ve always wondered how a non-compoundable criminal offence like a 498A can be compounded (withdrawn) with a “compromise”.
This is the case of Ram Lal Vs St Of Jammu And Kashmir. A pay off is made to settle the case after the conviction and an appeal is made to the Supreme Court.
In this judgment the Supreme Court says “We hold that an offence which law declares to non-compoundable even with the permission of the cannot be compounded at all.”
Here is a judgment that explains/explores that: Non-Compoundable Offence Cannot Be Compounded
The Section 320 of CPC, 1973, has a table that shows which cases can be compounded.
Here is the link to the CODE OF CRIMINAL PROCEDURE, 1973 (CPC, 1973)
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Though Section 320(9) CrPC operates as a bar against compounding of non compoundable offences, the Supreme Court of India has allowed compounding of even non compoundable offences. See B.S. Joshi v. State of Haryana AIR 2003 SC 1386; Ram Pujan v. State of U.P. (1973) 2 SCC 456; Y. Suresh Babu v. State of Andhra Pradesh 1987 2(JT) SC 361; Mahesh Chand v. State of Rajasthan 1990(Supp.) SCC 681.
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High Court of India can not compound a non-Compoundable offence as the victim will loose faith in judiciary. An accused has cheated and by fraud looted over one crore, based on accused’sclaim that he may die at any moment, the victim compromised to take only 28 Lacs in lieu of Rs 94 lacs fraud, the lawer argued but still without giving any weight to argument High Court quashes the FIR, kindly send your views.
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