Interplay between section 320 CrPC and 482 Cr.Pc 1973 with specific reference to Non Compoundable offence and Inherent Power of Court

 “The aforesaid topic became important in the light of recent judgment of SC wherein an issue has been dealt by the Apex Court, whether a non-Compoundable Offence under section 306 Indian Penal Code (IPC), 1860 can be quashed in a proceeding under Section 482 Code of Criminal Procedure (Cr.PC) 1973.

At this juncture, one must know the Definition of Non-Compoundable Offence, it is to be noted that the said expression is not defined anywhere in Code of Cr.Pc1973, but the same can be inferred as  an offence which cannot be compromised between the parties to a criminal case.

Section 320 Cr.Pc, 1973 contains a list of various offences, as mentioned in Indian Penal Code 1860, which can be compoundable. The various offences of IPC, 1860 which do not found the place in the said list as provided in aforesaid section can be referred to as non compoundable offence.

Section 320 Cr.Pc, 1973 contains two lists i.e. First lists deals with the offences which can be compromised by the parties between themselves without the permission of the court, such the offence of Criminal Trespass, etc. Second list deals with the offences which can be compromised with the permission of the court, Eg:  offence of Theft, criminal Breach of Trust etc. If the offence charged is compromised between the parties and the said agreement is accepted by the Court, irrespective of the offence falling in any of the lists then, it will have effect of acquittal of the accused.

The term inherent power of court is not defined anywhere in Cr.pc, 1973 These power are permanent in nature and as such inseparable, hence, it can be applied/invoked by the High Court  to do justice in a criminal case, whether the said is expressly conferred to them by Cr.PC, 1973 or not, meaning thereby, where there is no alternate or specific remedy provided in the Code, and, if the court is of the opinion that in order to prevent failure of justice and thereby to secure justice, then, in those case, High Court under section  482 Cr. Pc 1973, can exercise its inherent power.

The object behind making the classification of compoundable and non-compoundable offence is that the courts cannot quash the criminal matters that are serious and heinous in nature or that are related to the public interest on the basis of compromise or settlement arrived between the parties to the criminal case. This was so provided in the case of Gian Singh v. State of Punjab (2012 SC).

Hence, in view of the aforesaid discussion, as this power is given to High Court to do complete justice in a criminal case as such, it confers upon the  said court to quash the proceedings of lower court or to quash FIRs including non-compoundable offences which are essentially of civil  and private nature. However, in doing so, High Court must consider the nature and gravity of the offence. Heinous crimes which are not private in nature and have a serious impact on the society cannot be quashed in any circumstance”.

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