IMPORTANT POINT
Though compounding of offences can he done during the pendency of the revision before the High Court it cannot be done at any time after the revision petition has been disposed of.

ORDER

Pareed Pillay, J.- This is a petition to grant permission to compound the offence as the matter is settled out of Court. First petitioner is the accused in C.C. 173 of 1987 of the Additional Chief Judicial Magistrate's Court, Tellicherry. The other petitioners are the de fecto complainants.

2. The case against the first petitioner (accused) is that he collected amount from the other petitioners promising them to arrange visa and thereafter he failed to do so or to refund the amount. Accused was convicted for offence under Section 420 of the I.P.C. and he was sentenced to undergo rigorous imprisonment for three years. Conviction and sentence were confirmed by the Sessions Judge, Tellicherry in Crl. A. 70 of 1990. Crl. RP. 694 of 1991 filed by the accused was dismissed by this Court on 7-4-1992. The present petition has been filed on 12-6-1992.

3. The question that arises for consideration is as to whether compounding of offences could be done when conviction and sentence against the accused have become final. Admittedly the conviction and sentence entered against the accused have become final in view of the dismissal of Crl. RP. 694 of 1991.As the conviction and sentence entered against the accused have become final, this court cannot have any jurisdiction to compound the offences even if both parties to the dispute agree for such a course of action.

4. Section 320(2) Cr.P.C. enumerates offences which can be compounded with the permission of the Court. Sub-section (2) makes the position abundantly clear that the permission can be granted only in pending proceedings. Section 320(1) enumerates offences which may be compounded without permission of the Court. In such cases the Magistrate cannot refuse the request of the parties to compound the offence. When parties filed petition to compound offences coming under sub-section (1), Magistrate need not embark upon an enquiry whether the complaint was frivolous or vexatious:

5. Compounding of offences can be done when the case is pending before the trial Court or the appellate Court or the revisional Court Section 320(5) provides that when an accused has been convicted and an appeal is pending no compounding of the offence shall be allowed without the leave of the, Court before which the appeal is to be heard. Section 320(6) enables compounding of offences even during the revisional stage.

6. But an application for compounding of offences filed after the final disposal of the appeal or revision cannot be entertained. Such is the view taken in Chhotey Singh v. State of U.P.1. In State v. Shivalingappa2 also it has been held that only in a pending case permission to compound the offence can be granted.

7. Though there cannot be any dispute that even during the revisional stage compounding of offences can be done, the indubitable position is that once the conviction and sentence have become final it is no longer open to the parties to approach the Court for permission for compounding of offences. Though compounding of offences can be done during the pendency of the revision before the High Court, it cannot be done at any time after the revision petition has been disposed of. Section 320(6) states that the High Court or Court of Sessions acting in the exercise of its powers of revision under Section 401 may allow any person to compound any offence. This would clearly indicate that after disposal of the Criminal Revision Petition the Court becomes functus officio to allow the request of the parties for compounding of the offences.

8. As there is specific provision under Section 320 Cr.P.C. for compounding of offences during the trial, appellate or revisional stage, conviction and sentence entered against the accused cannot be interfered with at a later stage by seeking permission to compound the offences which would in effect mean acquittal of the accused. As the conviction and sentence have become final in view of the decision in the Criminal Revision Petition, it is no longer possi