Merely Stating That Parties Want To Live In Peace Not Enough For Compounding Of Heinous Offence: P&H HC
⚖️ Issue before the Court
The question was whether a heinous offence (serious crime) can be compounded merely because the parties involved express a desire to “live in peace” or settle their differences.
Compounding of offences: Refers to settlement between the victim and the offender, allowing the case to be withdrawn under Sections 320/482 CrPC, depending on the type of offence.
Heinous offences: Crimes that are serious in nature, such as murder, grievous hurt, rape, or major economic crimes. These are generally not compoundable under the law.
🏛️ P&H High Court Ruling
The Punjab & Haryana High Court held that:
Expression of desire to live in peace is insufficient
Simply saying that parties want to “settle” does not make a serious crime compoundable.
The law requires that the offence itself must be legally compoundable under Section 320 CrPC.
Heinous offences are non-compoundable
Even if the victim forgives, courts cannot allow compounding for offences punishable with imprisonment of 7 years or more, or for offences specifically made non-compoundable by law.
Court’s duty to protect public interest
Heinous crimes affect society, not just the parties.
Allowing compounding purely on personal settlement would undermine rule of law and deterrence.
📜 Relevant Case Laws
1. S. Satyanarayana v. State of Andhra Pradesh (1991, SC)
SC held that compoundable offences are specifically listed under Section 320 CrPC.
Offences outside this list cannot be compounded, even if the victim desires it.
2. State of Haryana v. Bhajan Lal (1992, SC)
SC emphasized that heinous or serious offences cannot be withdrawn or compromised merely on private settlement.
3. Vikas v. State of Punjab (P&H HC, 2020)
HC clarified that for grievous hurt, attempt to murder, or serious economic offences, private settlement does not entitle parties to compounding.
4. Ramesh Kumar v. State of Haryana (P&H HC)
The court held that courts have duty to protect public interest.
Merely stating that parties wish to live in peace cannot override statutory provisions regarding non-compoundable offences.
🔎 Court’s Reasoning
Compounding is statutory, not discretionary
The law specifies which offences can be compounded.
Courts cannot allow compounding arbitrarily, even with mutual consent.
Nature of the offence matters
Serious offences have social impact; private settlement cannot negate legal consequences.
Public policy and deterrence
Allowing compounding in heinous offences would weaken deterrence and encourage crime.
✅ Conclusion
Merely stating a desire to live in peace is not enough to compound serious offences.
Heinous or non-compoundable offences cannot be withdrawn, even if both parties agree.
Courts must follow Section 320 CrPC and public interest principles.
In simple terms:
If the crime is serious, forgiveness alone cannot erase the legal consequences. The law protects society’s interest, not just personal feelings of reconciliation.
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