Voluntary composition of compoundable offences is valid under Section 320 of the Code of Criminal Procedure if no collusion exists.

O R D E R

Read the order dated 24.10.2011, by which the composition petition filed filed by the parties jointly, the accused and the de facto complainant was sent over to the magistrate before whose court the trial of the case was conducted to have an enquiry over the composition stated to have been effected by the parties.

2. The magistrate after conducting such enquiry has sent a report in which it is stated that the accused and also the de facto complainant and another charge witness appeared before him. Statements of CW.1 & CW2, the injured in the case, were also recorded. On the enquiry conducted, the magistrate, it is stated, has come to the conclusion that the parties have voluntarily Crl.R.P.No.2189 of 2011 effected the settlement and there is no collusion. The identity of the parties involved in the proceedings has also been found established in the enquiry. In the circumstances, the request for composition made by the parties jointly, the accused and also the de facto complainant deserves consideration. The offences with which the accused has been convicted other than Section 149 of the Indian Penal Code, which is not independent other than the other offences imputed, are compoundable under Section 320 of the Code of Criminal Procedure {for short “the Code”}.

3. So much so, there is no legal hurdle in accepting the request made for composition. Composition of the offences requested for by the parties is accepted and the conviction and sentence imposed against the accused are set aside passing Crl.R.P.No.2189 of 2011 an order of acquittal in their favour for the offences under Sections 143, 148, 147, 148 and 447 of the Indian Penal Code as under Section 320(8) of the Code.

Revision is disposed of as indicated above.