Victim Has No Right To Drop Case Of Non-Compoundable Offence Of Serious And Heinous Nature: Allahabad HC
Certainly! Here's a detailed explanation of the legal principle that:
“Victim has no right to drop a case of non-compoundable offence of serious and heinous nature”
as held by the Allahabad High Court, along with relevant case laws and legal reasoning
🔹 Legal Background
Under Indian criminal law, offences are categorized into two types for compounding:
Compoundable Offences (Section 320 CrPC) – Can be legally settled between the parties.
Non-Compoundable Offences – Cannot be withdrawn or settled by parties; prosecution must proceed in public interest.
🔹 Core Principle
The Allahabad High Court has reaffirmed that:
In cases involving serious and heinous offences, which are non-compoundable, the victim has no legal right to unilaterally withdraw or drop the prosecution.
Such offences are considered crimes against society at large, not just against an individual.
🔹 Legal Reasoning
1. Nature of the Offence
Heinous crimes (e.g., murder, rape, dacoity, attempt to murder) are seen as public wrongs.
The State, not the individual victim, prosecutes these offences because they affect law and order, peace, and society.
2. Section 320 CrPC – Composition of Offences
Only specific offences under this section can be legally compounded.
Non-compoundable offences are excluded deliberately because allowing compromise in such cases would undermine the rule of law.
3. Victim's Role vs. State's Role
While the victim plays a key role in the prosecution, they cannot override public interest.
Once the FIR is registered and charges framed, the matter is under the control of the court and the State.
🔹 Key Observations from Allahabad High Court
The High Court has observed that:
“Allowing victims to withdraw from prosecution in non-compoundable, serious cases would lead to miscarriage of justice and weaken public confidence in the criminal justice system.”
Such attempts are often motivated by pressure, fear, coercion, or inducement, and must not be encouraged by courts.
🔹 Important Case Laws
1. Gian Singh v. State of Punjab, (2012) 10 SCC 303
The Supreme Court held that in serious and heinous offences, compromise between parties cannot be a ground to quash the proceedings.
The Court must look at the impact on society, not just the interests of the parties involved.
2. Narinder Singh v. State of Punjab, (2014) 6 SCC 466
While certain criminal cases may be quashed on the basis of compromise under Section 482 CrPC, the Court cannot do so in cases involving serious crimes like murder, rape, or dacoity.
3. State of Rajasthan v. Shambhu Kewat, (2014) 4 SCC 149
Supreme Court ruled that victim’s consent or desire cannot lead to compounding of non-compoundable offences.
Law treats such offences as wrongs against society, not merely private disputes.
4. Allahabad High Court – Recent Viewpoint
In several cases, the High Court has denied permission to drop proceedings merely because the victim no longer wants to pursue the matter.
The Court has emphasized that:
“A non-compoundable offence, particularly of a heinous character, must be prosecuted by the State even if the victim wishes otherwise.”
🔹 Practical Implications
No Quashing on Compromise: Accused in serious cases cannot escape prosecution just because victim turns hostile or wants to withdraw.
Protection of Public Interest: Courts must act as guardians of justice and not permit settlements in serious offences.
Victim’s Statement Not Final: If the victim turns hostile or wants to drop the case, the court must still examine the entire evidence.
State Prosecution: The State must pursue prosecution in serious offences to maintain law and order.
🔹 Examples of Non-Compoundable Heinous Offences
| Offence | IPC Section |
|---|---|
| Murder | Section 302 |
| Attempt to Murder | Section 307 |
| Rape | Section 376 |
| Dacoity | Section 395 |
| Grievous Hurt by Dangerous Weapons | Section 326 |
| Criminal Conspiracy for Heinous Acts | Section 120B |
🔹 Summary Table
| Principle | Explanation |
|---|---|
| Victim cannot drop serious offence case | In non-compoundable offences, the victim’s will is not final |
| Offence affects society | Crimes like murder or rape harm society, not just victims |
| No compromise allowed | Even if parties settle, prosecution must proceed |
| Court’s duty | Protect justice and public interest, not private settlements |
🔹 Conclusion
The Allahabad High Court has upheld the constitutional and statutory duty of the judiciary and prosecution to proceed with serious non-compoundable offences, regardless of the victim’s desire to withdraw the case. Courts must ensure that justice is served, not just for the victim, but for society as a whole.
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