Compromise will have no bearing on case outcome

A bench of justices, comprising B S Chauhan and T S Thakur, said compounding of cases could not be allowed except in certain category of offences listed in the criminal procedure code.

“The only question that falls for determination is whether the prayer for composition of the offence under Section 307 (attempt to murder) Indian Penal Code could be allowed having regard to the compromise arrived at between the parties. Our answer is in the negative.

“This court has in a long line of decisions ruled that offences which are not compoundable under Section 320 of the Cr PC cannot be allowed to be compounded even if there is any settlement between the complainant on one hand and the accused on the other,” the bench said in a recent verdict.

The apex court, however, said the compromise or settlement could be considered while determining the quantum of sentence.

“We are of the view that the settlement/compromise arrived at between the parties can be taken into consideration for the purpose of determining the quantum of sentence to be awarded to the appellants. That is precisely the approach which this court has adopted in the cases,” the court said.

The court was dealing with an appeal filed by MP residents Gulab Das and others against an order passed by High Court upholding their conviction and sentence, up to three years prison term, for offences relating to attempt to murder and causing serious injuries.

DH Newsletter Privacy Policy Get top news in your inbox daily
GET IT
Comments (+)