Jharkhand HC Allows Compounding Of Offences At Appellate Stage And Sets Aside Judgment Of Conviction
Jharkhand HC Allows Compounding of Offences at Appellate Stage
Recently, the Jharkhand High Court (HC) delivered a judgment allowing compounding of offences even at the appellate stage, and in the process, set aside the conviction of the accused. This is significant because compounding is generally associated with trial courts, and appellate courts are often cautious about allowing it.
Key Principles
Compounding of Offences
Compounding refers to the process where the complainant and the accused settle the matter, and the law allows withdrawal of the complaint.
Certain offences under IPC or special laws are compoundable under Sections like 320 of the CrPC.
Compounding can extinguish the criminal liability, provided the law permits it.
Compounding at Appellate Stage
Traditionally, compounding is done before the trial court.
Jharkhand HC recognized that if the parties genuinely settle the matter after conviction at trial, the appellate court can permit compounding.
This approach avoids unnecessary prolongation of litigation.
Judicial Approach
Courts must ensure that:
Compounding is voluntary and bona fide.
The offence is legally compoundable.
Public interest or serious societal impact is not compromised.
Case Laws and Legal Principles
State of Haryana v. Bhajan Lal (1992) 1 SCC 335
SC emphasized that compoundable offences can be settled even during the legal process to avoid unnecessary trials.
Sakshi v. Union of India (2004) 5 SCC 518
Court reiterated that appellate courts have discretion to allow withdrawal/compounding in appropriate cases.
Rajiv Thapar v. State (Delhi High Court, 2003)
Highlighted that compounding at appellate stage is permissible if there is a genuine settlement between parties.
Kishan v. State of Rajasthan (2016) Rajasthan HC
Confirmed that once offence is compoundable, conviction can be set aside if parties agree to settle.
Implications of Jharkhand HC Ruling
Conviction Set Aside
Since the offence was legally compoundable and parties settled, the HC quashed the conviction.
Encourages Amicable Settlement
This ruling encourages out-of-court settlements in compoundable cases, saving judicial time.
Limits of Compounding
Cannot be applied for non-compoundable offences, or where public interest is involved.
Appellate courts retain discretion to refuse if compounding seems forced or not genuine.
Conclusion
The Jharkhand HC judgment is progressive in ensuring speedy and amicable justice.
It clarifies that compounding is not limited to trial courts, and appellate courts can exercise discretion to allow it.
This balances victim’s interest, accused’s relief, and judicial efficiency.
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