LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arun Agrawal (Business Consultant)     18 May 2012

Compounding of criminal cases

In several state cases registered against me in Noida Courts, the complainants have filed sworn affidavits stating that matters have been settled out of court and that they do not wish to proceed against me any longer. However, the court states that their appearance in the court to tender evidence is necessary and have issued BWs to them and other witnesses to secure their presence at the next hearing .

 

My question: Can the complainaint back out of their affidavit and stick to their original complaint/allegations ?What can be done in such a case  ?



 6 Replies

H. S. Thukral (Lawyer)     18 May 2012

The complainant can back out of the settlement by saying that he signed the agreement under pressure. You can not do anything. Sheer backing out would suggest that the agreement was not under free will of the complainant.. court is right in summoning the complainants.   

1 Like

Arun Agrawal (Business Consultant)     18 May 2012

I wish to clarify that the affidavit has been filed in the court by the complainaint's lawyer following arbitration proceedings under way and despite issue of BWs from time to time, the complainaint is not coming forward to tender evidence . Can I not press the Court to close his evidence and go ahead with further proceedings ?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 May 2012

Dear Arun

 

320. Compounding of offences.

 

(1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table.

 

Offence
Section of the Indian Penal Code Applicable
Person by whom offence may be compounded.
1
2
3
Uttering wards, etc., with deliberate intent to wound the religious feeling of any person
298
The person whose religious feelings are intended to be wounded
Causing Hurt.
323, 334
The person to whom the hurt is caused. .
Wrongfully restraining or confining any person.
341, 342
The person restrained or confined.
Assault or use of Criminal force
352, 355, 358
The person assaulted or to whom criminal force is used.
Mischief, when the only loss or damage caused is loss or damage to a private person.
426, 427
The Person to whom loss or damage is caused.
Criminal trespass.
447
The Person in possession of property trespassed upon.
House trespass
448
Ditto
Criminal breach of contract of service
491
The person with whom the offender has contracted
Adultery.
497
The husband of the woman
Enticing or taking away or detaining with criminal intent a married woman
498
Ditto.
1[Defamation, except such case as are specified against section 500 of the Indian Penal Code in column 1 of the table under sub section (2).]
500
The person defamed.
Printing or engraving matter, knowing it to be defamatory.
501
Ditto.
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter.
502
Ditto.
Insult intended to provoke a breach of the peace.
504
The person insulted.
Criminal intimidation except when the offence is punishable with imprisonment for seven years.
506
The person intimidated
Act caused by making a person believe that he will be an object of divine displeasure.
508
The person against whom the offence was committed.

 

1. Subs. by Act 45 of 1978, sec. 25, for "Defamation (w.e.f. 18-12-1978)"

 

(2) The offences punishable under the section of the Indian Penal Code (45 of 1860) specified in the first two columns of the table next following may, with the permission of the court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table.

TABLE

 

Offence Section of the Indian Penal Code applicable Person by whom offence may be compounded
1
2
3
2[********]
Voluntarily causing grievous hurt.
325
3[The person to whom hurt is caused]
Voluntarily causing grievous hurt on grave and sudden provocation.
335
Ditto.
Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others.
337
Ditto.
Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others.
338
Ditto.
Wrongfully confining a person for three days or more.
343
The person confined.
Wrongfully confining for ten or more days.
344
Ditto.
Assault or criminal force to woman with intent to outrage her modesty.
354
The woman assaulted to whom the criminal force was used.
Assault or criminal force in attempting wrongfully to confine a person.
357
The person assaulted to whom the force was used.
Theft, where the value of property stolen does not exceed 4[two thousand rupees].
379
The owner of the property stolen.
Theft by clerk or servant of property in possession of master, where the value of the property stolen does not exceed 4[two thousand rupees].
381
Ditto
Dishonest misappropriation of property.
403
The owner of the property misappropriated.
Criminal breach of trust, where the value of the property does not exceed 4[two thousand rupees].
406
The owner of the property in respect of which the breach of trust has been committed.
Criminal breach of trust by a carrier, wharfinger, etc. value of property does not exceed 4[two thousand rupees].
407
Ditto
Criminal breach of trust by a clerk or servant, where the value of the property does not exceed4[two thousand rupees].
408
Ditto.
Dishonestly receiving stolen property, knowing it to be stolen, when the value of the stolen property does not exceed 4[two thousand rupees].
411
The owner of the property stolen.
Assisting in the concealment or disposal of stolen property, knowing it to be stolen, where the value of the stolen property does not exceed 4[two thousand rupees].
414
The owner of the property stolen.
Cheating.
417
The person cheated.
Cheating a person whose interest the offender was bound. Either by law or by legal contract, to protect.
418
Ditto.
Cheating by personation:
419
Ditto.
Cheating and dishonestly including delivery of property or the making, alteration or destruction of a valuable security.
420
Ditto.
Fraudulent removal or concealment of property, etc. to prevent distribution among creditors.
421
The creditors who are affected thereby.
Fraudulently preventing from being made available for his creditors a debit or demand due to the offender.
422
Ditto.
Fraudulent execution of deed of transfer containing false statement of consideration.
423
The person affected thereby.
Fraudulent removal or concealment of property.
424
Ditto.
Mischief by killing or maiming animal of the value of ten rupees or up wards.
428
The owner of the animal.
Mischief by killing or maiming cattle, etc. of any value or of any other animal of the value of fifty rupees or up wards.
429
The owner of the cattle or animal.
Mischief by injury to work of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to a private person.
430
The person to whom the loss or damage is caused.
House-trespass to commit an offence (other than theft) punishable with imprisonment.
451
The person in possession of the house-trespassed upon.
Counterfeiting a trade or property mark used by another.
483
The person whose trade or property mark is counterfeited.
Knowingly selling or exposing or possessing for sale or for manufacturing purpose. Good marked with a counterfeited property mark.
486
Ditto.
Marrying again during the lifetime of a husband or wife.
494
The husband or wife of the person so marrying.
Defamation against the President or the Vice-President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the public prosecutor.
500
The person defamed.
Uttering wards or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman.
509
The woman whom it was intended to insult or whose privacy was intruded upon.

 

______________________

 

2. The entry "Voluntarily causing hurt by dangerous weapons or means. 324 The person to whom hurt is caused."

omitted by Act 25 of 2005, sec. 28.

 

3. Subs. by Act 25 of 2005, sec. 28, for "Ditto".

 

4. Subs. by Act 25 of 2005, sec. 28, for "two hundred and fifty rupees".

 

(3) When any offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (When such attempt is itself an offence) may be compounded in like manner.

 

(4) (a) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf, may, with the permission of the Court compound such offence. (b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil procedure, 1908 (5 of 1908) of such person may, with the consent of the court compound such offence.

 

(5) When the accused has been committed for trial or when he has been convicted and an appeal is pending no composition for the offence shall be allowed without the leave of the court to which he is committed, or as the case may be, before which the appeal is to be heard.

 

(6) A High Court or Court of session acting in the exercise of its power of revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section.

 

(7) No offence shall be compounded if the accused is, by reason of previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.

 

(8) The Composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

 

(9) No offence shall be compounded except as provided by this section.

 

 

Cr PC (Amendment) Act, 2005 (Notes on Clauses)

 

The Table appended to sub-section (2) has been amended so as to make the offence under section 324 o the Indian Penal Code, a non-compoundable offence and to enhance the value of the property mentioned in respect of sections 379, 381, 406, 407, 408, 411 and 414 of the Indian Penal Code to two thousand rupees instead of two hundred and fifty rupees since the value of money has gone down considerably.

 

State Amendment

 

Madhya Pradesh.

 

In section, in the table below sub-section (2),-. (i) in column first, second and third before section 324 and entries relating thereto, the following sections and entries relating thereto shall be inserted, namely:-.

 

"(1) (2) (3)
Rioting 147

The person against whom the force or violence is used at the time of committing an offence:

Provided that the accused is not charged with other offence which is not compundable.
Rioting armed with deadly weapon 148

The person against whom the force or violence is used at the time of committing an offence:

Provided that the accused is not charged with other offence which is not compundable.
Obscene acts or use of obscene words 294 The person against whom abscene acts were done or obscene words were used."
(ii) in column first, second and third, after section 500 and entries relating thereto, the following section and entries relating thereto shall be inserted, namely:-
Criminal intimidation if threat to be cause death or grievous hurt, etc. Part II of section 506 The person against whom the offence of Criminal Intimidation was committed."

 

 

321. Withdrawal from prosecution.

 

The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and upon such withdrawal, --

 

(a) If it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;

 

(b) If it is made after a charge has been framed, or when under this Code no charge is required he shall be acquitted in respect of such offence or offences:

 

Provided that where such offence-

 

(i) Was against any law relating to a matter to which the executive power of the Union extends, or

 

(ii) Was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or

 

(iii) Involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or

 

(iv) Was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty,

 

And the Prosecutor in charge of the case has not been appointed by the Central Government he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.

 

STATE AMENDMENT

 

UTTAR PRADESH:

 

In section 321, after the words "in charge of a case may" the words "on the written permission of the State Government to that effect (which shall be filed in court)" shall be inserted.

 

Feel free to call

H. S. Thukral (Lawyer)     18 May 2012

You should oppose any adjournment on account of repeated absence of witness. You  ask the same to be recorded in the order sheet. 

Arun Agrawal (Business Consultant)     19 May 2012

At every hearing, the Magistrate routinely orders issues of BWs against the complainaint and other witnesses, but they are not turning up . This is despite Allahabad High Court orders passed some 18 months ago that the case be disposed off expeditiously . Do I need to file a petition before the High Court again to direct that the proceedings be concluded within a stipulated time , or is there any section within CrPC which allows closure of evidence in such cases ?

Arun Agrawal (Business Consultant)     04 January 2013

If the High Court has passed directions that no "coercive action"  be taken against the accused person/s in an on going criminal trial, would/can  the trial court still proceed with the summoning of witnesses/recording their evidence,  even if the accused persons choose not to appear in the court, either by themselves or through their counsels ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query