Published on: May 03, 2024 12:26 IST
Court- Supreme Court of India
Case- JIK Industries Ltd. v. Amarlal V. Jumani- 2012
Honourable Supreme Court of India has held that Quashing of a Criminal Case is different from Compounding of the Criminal Case. It is held that in quashing the Hon’ble Criminal Court applies its mind but in compounding it is primarily based on consent of the injured party. Therefore, the “Quashing of a Criminal Case” and “Compounding of the Criminal Case” cannot be equated. It is held that even if the Complainant has been duly compensated by the Accused yet the complainant does not agree for the compounding of the offence, the Criminal Courts cannot compel the complainant to give ‘consent’ for compounding of the matter.
77. It is well settled that a judgment is always an authority for what it decides. It is equally well settled that a judgment cannot be read as a statute. It has to be read in the context of the facts discussed in it. Following the aforesaid well-settled principles, we hold that the basic mode and manner of effecting the compounding of an offence under Section 320 of the Code cannot be said to be not attracted in case of compounding of an offence under the NI Act in view of Section 147 of the same.
82. A perusal of Section 320 makes it clear that the provisions contained in Section 320 and the various sub-sections is a code by itself relating to compounding of offence. It provides for the various parameters and procedures and guidelines in the matter of compounding. If this Court upholds the contention of the appellant that as a result of incorporation of Section 147 in the NI Act, the entire gamut of procedure of Section 320 of the Code are made inapplicable to compounding of an offence under the NI Act, in that case the compounding of offence under the NI Act will be left totally unguided or uncontrolled. Such an interpretation apart from being an absurd or unreasonable one will also be contrary to the provisions of Section 4(2) of the Code, which has been discussed above. There is no other statutory procedure for compounding of offence under the NI Act. Therefore, Section 147 of the NI Act must be reasonably construed to mean that as a result of the said section the offences under the NI Act are made compoundable, but the main principle of such compounding, namely, the consent of the person aggrieved or the person injured or the complainant cannot be wished away nor can the same be substituted by virtue of Section 147 of the NI Act.
Drafted By Abhijit Mishra