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Compounding Offences Which Have Social Impact Can Be Refused Under Courts Discretion Under Section 320 Of Crpc: SC
The Supreme Court has started that a court has discretion to reject a plea to compound an offence having social impact, even if the offence is compoundable under Section 320 of the Code of Criminal Procedure. The case against Bhagyan Das was that, while working as Village Development Officer, he misled a woman about a Financial Scheme and embezzled major amount from her. Under the scheme, an amount of Rs. 9600 was be withdrawn by the joint signatures of both the woman and the VDO. Misusing his position as Government servant, he misled her by making payment of only Rs. 4000.
Later, the Trial Court convicted him for offence under Section 420 IPC and sentenced him to undergo two years' rigorous imprisonment and also imposed a fine of Rs.2000. On his appeal, the Sessions Court modified the quantum of sentence by reducing it to one year imprisonment, and sustained the imposition of fine.
He preferred a revision petition before the Uttarakhand High Court and also filed an application seeking compounding of the offence. Though both parties had appeared before the High Court in person and sought compounding of the offence, the High Court rejected the plea observing that it is not a case which leaves its effect only on the complainant, but to the society at large. Justice Servesh Kumar Gupta had also referred to Gian Singh v. State of Punjab, wherein the constitution bench had observed that compounding powers should be exercised by the Court considering the social impact of the crime in question vis-à-vis its individual impact, as decisive criterion for quashment power in such cases.
Possibility of indulging in misuse of his position for grabbing the money of the many other unfortunate poor villagers by such type of Government Servant/convict cannot be ruled out." Courts Have Discretion To Refuse Compounding In the special leave petition filed by the accused, the bench comprising Justice R. Banumathi and Justice R. Subhash Reddy, agreeing with the High court view, observed that merely because an offence is compoundable under Section 320 CrPC, still discretion can be exercised by the court having regard to nature of offence. The court said: "Merely because an offence is compoundable under Section 320 CrPC, still discretion can be exercised by the court having regard to nature of offence, as such it is rightly held in the impugned judgment that as the offence for which appellant was convicted and sentenced, it will have its own effect on the society at large. In view of the reasons recorded in the impugned order rejecting the application for compounding, it cannot be said that the High Court has committed any error in not accepting the application filed for compounding the offence." Though it sustained conviction, the bench taking into account some other factors, modified the sentence imposed on the accused for the period already undergone.
