A
B
c
[2010] 9 S.C.R. 354
RAMGOPAL & ANR.
V.
STATE OF M.P. & ANR.
(Special Leave Petition (Crl.) No. 6494 of 2010)
JULY 30, 2010
[MARKANDEY KAT JU AND T.S. THAKUR, JJ.]
Code of Criminal Procedure, 1973:
s. 320 - Compounding of offences - While issuing notice
in an SLP arising out of conviction u/s 326 /PC, it was noticed
that though the parties had arrived at an amicable settlement,
the offence was a non-compoundable one - HELD: There are
several offences under /PC that are currently nan-
o compoundable -
These include offences punishable ulss
498-A, 326 etc. of the !PC - Some of such offence can be
made compoundable by introducing a suitable amendment
in the statute - It would not only relieve the courts of the
burden of deciding cases in which the aggrieved parties have
E
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themselves arrived at a settlement, but may also encourage
the process of re-conciliation between them -
The Law
Commission and the Government of India requested to
examine all these aspects and take such steps as may be
considered feasible - Legislation -
Suggestions given by
Court as to making certain more offences as compoundable.
CRIMINAL APPELLATE JURISDICTION: SLP (CRL.) No.
6494 of 2010.
From the Judgment & Order dated 27.11.2009 of the High
G
Court of Madhya Pradesh, Jabalpur Bench, Gwalior in Cr.R.
No. 101 O of 2006.
Mridula Ray Bharadwaj for the Petitioners.
The following Order of the Court was delivered
H
354
RAMGOPAL & ANR. v. STATE OF M.P. & ANR.
355
ORDER
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Delay condoned.
Issue notice.
The petitioners herein were convicted, inter alia, under B
Section 326 IPC. We understand that the parties have arrived
at an amicable settlement. However, in view of the fact that the
offence mentioned in Section 326 is a non-compoundable
offence, we cannot straightway acquit the petitioners the
settlement between the parties, notwithstanding.
c
There are several offences under the IPC that are currently
non-compoundable. These include offences punishable under
Section 498-A and Section 326 of the IPC. Some of such
offence can be made compoundable by introducing a suitable D
amendment in the statute. We are of the opinion that the Law
Commission of India could examine whether a suitable proposal
can be sent to the Union Government in this regard. Any such
step would not only relieve the courts of the burden of deciding
cases in which the aggrieved parties have themselves arrived
at a settlement, but may also encourage the process of re-
E
conciliation between them. We, accordingly, request the Law
Commission and the Government of India to examine all these
aspects and take such steps as may be considered feasible.
The Secretary General of this Court shall forthwith send a
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copy of this order to the Law Commission of India as well as
to the Law Secretary to the Government of India. The Law
Secretary is requested to place a copy of this order before the
Hon'ble Minister of Law & Justice, Union of India.
R.P.
Special Leave Petition adjourned.
Lex