The court can allow the compounding of certain offences with a civil nature if the parties have settled their disputes amicably, as per Section 320 of the Code of Criminal Procedure.

The solitary question, which falls for determination in the instant revision application, is as to whether the petitioner, who has been convicted under Section 420 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years with fine with default clause and the affirmation of the said judgment of conviction by the appellate court, can be allowed to be compounded under Section 320 of the Code of Criminal Procedure (hereinafter referred to as “the Code”)?

2. The details of the facts is not required to be reproduced herein rather a brief statement of fact would suffice the matter. At the instance of the complainant Raj Kishore Singh, C.P. Case no. 309 of 2005 was instituted for the offence under Section 420 of I.P.C. on the allegation that his son Santosh Kumar was getting computer training in the Computer Center of this petitioner Ravi Shankar Thakur. The petitioner lured him to deposit Rs.79000/- in the account of one Manish Kumar Tiwari on the pretext that he will provide job to his son with Indian Railways. It is alleged that he deposited the amount of Rs.79,000/- as required but both the accused persons i.e. the present petitioner and Manish Kumar Tiwari misappropriated the entire amount and when the complainant demanded the money back, he was threatened of dire consequence.

3. It appears from the record that the court of Judicial Magistrate after examining the complainant and other witnesses took cognizance of the offence. After framing of charge, the witnesses were examined and finally the court of learned Judicial Magistrate convicted the petitioner for the offence punishable under Section 420 of the I.P.C. as indicated above. On an appeal filed by the petitioner, the judgment of conviction and order of sentence was affirmed by the learned Sessions Judge, Dhanbad whereafter the petitioner preferred this revision. During pendency of this revision application, an interlocutory application bearing no. 3430 of 2015 was filed, which is obviously a joint compromise petition filed by the informant-opposite party, who had suo moto appeared in this revision application with a prayer that now the parties have settled their dispute with the intervention of the well-wishers and relatives and the informant has now no grievance against the petitioner and cordial relationship has been restored between them. It is also stated that they have settled their disputes amicably without any coercion and threaten and the statement has been made by both the parties on two different affidavits.

4. Learned counsel Mrs. Mazumdar appearing for the petitioner submitted that Section 420 of I.P.C is compoundable with the permission of the court and since the parties have settled their disputes, the allegation being civil in nature has no impact on society, parties may be allowed to compound the offences in consonance with the wisdom of the legislature for which Section 320 of Cr.P.C. was enacted. In support of her contention, the learned counsel has relied upon paragraph 58 of the case Gian Singh Vs. State of Punjab and another; (2012) 10 SCC 303, which reads as follows:

“58. .............Certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list