Compoundable Offence – It constitutes Crime where accused and victim can settle matter outside the Court.
Non Compoundable offence – It constitutes heinous/serious offence where the victim and accused cannot settle the matter out of Court.
The power conferred under Section 482 of Cr.P.C. corresponds to Section 528 of the BNSS is totally distinguished from the powers which lie in the Court to compound the offence under Section 320 of Cr.P.C. corresponds to Section 359 of the BNSS.
The criminal proceedings involving non-heinous offences or where the offences are pre-dominantly of a private nature, can be annulled irrespective of the fact that trial has already been concluded or appeal stands dismissed against conviction.
The High Court has inherent powers under Section 482 of Cr.P.C. to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution only to secure ends of justice or to prevent abuse of the process of any Court.
It goes without saying, that the cases where compromise is struck post-conviction, the High Court ought to exercise such discretion with rectitude, keeping in view
(i) the circumstances surrounding the incident,
(ii) the fashion in which the compromise has been arrived at, and
(iii) with due regard to the nature and seriousness of the offence, besides the conduct of the accused, before and after the incident.
The touchstone for exercising the extraordinary power under Section 482CrPC would be to secure the ends of justice. There can be no hard-and-fast line constricting the power of the High Court to do substantial justice. On the other hand, in cases where heinous offences have been proved against perpetrators, no such benefit ought to be extended.
Grave or serious offences or offences which involve moral turpitude or have a harmful effect on the social and moral fabric of the society or involve matters concerning public policy, cannot be construed between two individuals or groups only, for such offences have the potential to impact the society at large. Effacing awful offences through the quashing process would not only send a wrong signal to the community but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a “settlement” through duress, threats, social boycotts, bribes or other dubious means.
Section 320 CrPC where the Court is squarely guided by the compromise between the parties in respect of offences “compoundable” within the statutory framework.
The extraordinary power enjoined upon a High Court under Section 482 CrPC can be invoked beyond the limits and range of Section 320 CrPC. Nonetheless, such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind:
(i) nature and effect of the offence on the conscience of the society;
(ii) Seriousness of the injury, if any;
(iii) Voluntary nature of compromise between the accused and the victim; and
(iv) Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations.
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