Supreme Court of India

RAMGOPAL & ANR.versusSTATE OF M.P. & ANR.

Citation: 2010 INSC 458
Decided: 30 July 2010
Disposal: Hearing Adjourned
Bench: MARKANDEY KATJUT S THAKUR

Holding

A settlement cannot lead to acquittal where the offence is non‑compoundable, such as under Section 326 IPC.

Summary

The petitioners, convicted under Section 326 of the Indian Penal Code for voluntarily causing grievous hurt, sought relief on the ground that they had reached an amicable settlement with the victims. The Court examined whether such a settlement could lead to their acquittal despite the offence being non‑compoundable under Section 320 of the Code of Criminal Procedure. It held that a settlement cannot override the statutory non‑compoundable nature of the offence, and therefore the petitioners could not be acquitted solely on that basis. The Court, however, noted that several non‑compoundable offences, including those under Sections 326 and 498‑A IPC, could be made compoundable by legislative amendment and directed the Law Commission and the Government of India to consider such reforms. Consequently, the Court condoned the delay, issued notice, and adjourned the petition, while forwarding the matter to the Law Commission and the Law Secretary for further action.

Issues considered

Can a settlement between the parties result in acquittal when the offence is non‑compoundable under Section 326 IPC?
Should the legislature consider amending the law to make certain non‑compoundable offences compoundable?

Legislation cited

Code of Criminal Procedure, 1973s. 320
Indian Penal Code, 1860s. 326, s. 498-A

Subjects

non‑compoundable offencesettlementcompounding of offencesSection 326 IPClaw commissionlegislative amendmentcriminal procedure

Judgment

                      [2010] 9 S.C.R. 354


A                       RAMGOPAL & ANR.
                                  V.
                     STATE OF M.P. & ANR.
         (Special Leave Petition (Crl.) No. 6494 of 2010)

                           JULY 30, 2010
B
         [MARKANDEY KAT JU AND T.S. THAKUR, JJ.]

        Code of Criminal Procedure, 1973:

c       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
    themselves arrived at a settlement, but may also encourage
E
    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.
F
        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                                  A

       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    F
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.

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