Certain IPC offences are compoundable, allowing settlement without criminal liability, while others remain non-compoundable despite parties reaching an agreement.

O R D E R

This revision petition is preferred by the accused against the judgment in Criminal Appeal No.109 of 2005 of the Additional Sessions Judge, Thodupuzha. They were the accused in C.C. No.41 of 2002 of the Chief Judicial Magistrate, Thodupuzha for the offences punishable under Secs.294(b), 323, 324, 326 and 341 read with Sec.34 of the Indian Penal Code (' IPC ' for short). The learned Chief Judicial Magistrate acquitted the accused under Sec.294(b) , but convicted under Secs.341, 323, 324 and 326 read with Sec.34 and sentenced them to simple imprisonment for 15 days each under Sec.341 , simple imprisonment for three months each under Sec.323 , simple imprisonment for six months each under Sec.324 and rigorous imprisonment for one year each and fine of Rs.1,000/- in default, simple imprisonment for one month under Sec.326 . Against that, the accused preferred the above Criminal Appeal before the Additional Sessions Judge, Thodupuzha where, the learned Additional Sessions Judge dismissed the appeal. Being aggrieved by that, the accused preferred this revision petition.

2. The charge against the accused is that on

09.03.2002 at 7.00 p.m., in furtherance of their common object of causing hurt to PW1, the 1st accused uttered abusive words and hit him with a stone which resulted in fracture of his nasal bone, 2nd accused beat and kicked him, 3rd accused wrongfully restrained him, and the 4th accused inflicted injuries on him with a stick. In this incident, Thodupuzha Police registered a crime and after completing investigation, Sub Inspector, Thodupuzha Police station laid charge in the trial court. During trial, prosecution examined PW1 to PW10 and marked Exts.P1 to P4 as documentary evidence. MO1 was admitted as material objects. The incriminating circumstances brought out in evidence were denied by the while questioning them. He examined DW1 and marked Ext.D1 in support of his defence.

3. When the matter came up for hearing, the learned counsel appearing for the revision petitioners submitted that the parties have settled the matter out of court and filed Criminal M.A. Nos.4765 of 2016 and 4766 of 2016. I have verified those applications, both parties and their counsel signed in the compromise petition. Revision Petitioners and injured are present. The injured submitted that he had received Rs.3,00,000/- (Rupees three lakhs only) as per the terms of the compromise as compensation. Learned Public Prosecutor identified the injured.

4. If the parties have settled the matter, there is no hesitation in allowing the petition during the pendency of this revision petition. According to Sec.320(1) and (2), the offences punishable under the Indian Penal Code specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that table. In this case, the offences under Secs.323, 324 and 341 read with Sec.34 IPC are compoundable but, the offence under Sec.326 is a non compoundable one. According to Sec.320(6) Cr.P.C., a High Court or Court of Session while exercise of its powers of revision under section 401, may allow any person to compound any offence to which such person is competent to compound under this section. Accordingly the offences under Secs.323, 324 and 341 read with Sec.34 are compounded and the accused are entitled for an acquittal. When the composition of offence under the section is made, it shall have the effect of an acquittal of the accused under Sec.320(8) Cr.P.C. with whom the offence has been compounded.

5. Sec.326 IPC is a non compoundable one.

The general scheme for compounding an offence has been explained under Section 320 of the Code. But section 320(9) Cr.P.C says that no offences shall be compounded except as provided in the section. The offence under section 326 IPC is non compoundable. Any compromise between the accused person and the victim of the crime should not exonerate the criminal liability of the accused. Howeve