Case Note & Summary
The petitioners, Mohamed Arif Sagir Ahmed and Mohamed Firoz Sagir Ahmed, were accused in Sessions Case No. 698 of 1993 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (IPC) for the homicidal death of one Mohamed Shafi on 16.2.1993. There was a cross-case, C.R. No. 71 of 1993, against the complainant/witnesses in the main case, who were being tried under Section 307 read with Section 34 of IPC in Sessions Case No. 240 of 2002. The parties entered into an out-of-court compromise and filed an application before the Sessions Court seeking permission to compound the offence under Section 302 read with Section 34 of IPC. The Additional Sessions Judge, Greater Bombay, by order dated 24.7.2002 in Criminal Misc. Application No. 948 of 2002, rejected the application on the ground that the offences under Sections 302 and 307 IPC are not compoundable as they are not included in the list under Section 320 of the Code of Criminal Procedure, 1973 (CrPC). The petitioners challenged this order before the Bombay High Court. The High Court, after hearing the learned APP and perusing the petition, held that the offence under Section 302 IPC is a serious offence against the State and not against an individual, and therefore cannot be compounded. The court found no interference called for and dismissed the petition.
Headnote
A) Criminal Law - Compounding of Offences - Non-Compoundable Offence - Section 302 read with Section 34 IPC, Section 320 CrPC - The petitioners, accused in a murder case, sought permission to compound the offence after an out-of-court compromise with the witnesses who were accused in a cross-case under Section 307 IPC. The court held that the offence under Section 302 IPC is not included in the list of compoundable offences under Section 320 CrPC and is an offence against the State, hence cannot be compounded. The Sessions Court's rejection of the application was upheld. (Paras 2-3)
Issue of Consideration
Whether the offence punishable under Section 302 read with Section 34 of IPC can be compounded by the parties.
Final Decision
The High Court dismissed the criminal writ petition, upholding the order of the Sessions Court rejecting the application for compounding. The court held that the offence under Section 302 IPC is not compoundable as it is not included in the list under Section 320 CrPC and is an offence against the State.
Law Points
- Offence under Section 302 IPC is non-compoundable
- Offence against State cannot be compounded
- Section 320 CrPC lists compoundable offences
- Serious offences cannot be compounded
