MP HC Rejects Application For Compounding Of Offences Under Section 307, 498A IPC Based On Compromise Between Parties
Topic: MP High Court Rejects Application for Compounding of Offences under Section 307 & 498A IPC on Compromise
1. Legal Framework
(a) Section 320 CrPC – Compounding of Offences
Certain offences under IPC can be compounded (settled/compromised) between parties.
Section 320 CrPC contains two categories:
Compounding without permission of court (less serious offences, like hurt, defamation).
Compounding with permission of court (slightly serious but not heinous).
Important: If an offence is not listed in Section 320, it cannot be compounded.
(b) Section 307 IPC – Attempt to Murder
A heinous and serious offence.
Not compoundable under Section 320 CrPC.
(c) Section 498A IPC – Cruelty by Husband/Relatives
Designed to prevent harassment of women.
Not compoundable under Section 320 CrPC (though the Supreme Court has allowed quashing under inherent powers of High Court in certain circumstances).
2. MP High Court’s View
When a compromise was reached between the accused and complainant, an application was filed to compound the offences under Sections 307 and 498A IPC.
The Madhya Pradesh High Court rejected the application.
Reasoning:
Section 307 IPC – Attempt to murder is a crime against society at large, not just an individual. It cannot be compromised privately.
Section 498A IPC – Cruelty cases are also treated seriously to protect women’s rights. They cannot be compounded under Section 320 CrPC.
Court’s Duty – Courts must ensure that serious and non-compoundable offences are not diluted by private compromises.
3. Judicial Precedents
(i) Gian Singh v. State of Punjab (2012, SC)
Supreme Court held that heinous and serious offences (like murder, rape, dacoity, attempt to murder) cannot be quashed or compounded even if parties reach a settlement.
Such crimes affect society, not just the victim.
(ii) Narinder Singh v. State of Punjab (2014, SC)
SC allowed quashing of criminal proceedings under Section 482 CrPC in cases of personal disputes (like matrimonial issues), but categorically excluded serious crimes like 307 IPC.
(iii) State of Madhya Pradesh v. Laxmi Narayan (2019, SC)
Reiterated that Section 307 IPC cannot be quashed merely on compromise, unless prima facie evidence does not support a serious attempt on life.
Otherwise, such offences cannot be compounded.
4. Conclusion / Principle
Section 307 IPC (attempt to murder) and Section 498A IPC (cruelty) are non-compoundable offences under Section 320 CrPC.
Compromise between parties does not automatically absolve the accused.
High Court cannot permit compounding of these offences, though in limited circumstances, it can quash proceedings under Section 482 CrPC (but not in heinous crimes).
Key Takeaways
| Point | Explanation |
|---|---|
| Offences Involved | Section 307 IPC (Attempt to Murder), Section 498A IPC (Cruelty) |
| Compoundable? | No, both are non-compoundable under Section 320 CrPC |
| MP HC’s Stand | Rejected compromise, upheld seriousness of offences |
| Important SC Cases | Gian Singh (2012), Narinder Singh (2014), Laxmi Narayan (2019) |
| Principle | Heinous crimes affect society, cannot be left to private settlements |
✅ In short:
The MP High Court rejected the compounding plea because serious and non-compoundable offences like 307 IPC and 498A IPC cannot be settled by compromise, as they affect society at large. This is consistent with Supreme Court rulings that maintain the sanctity of criminal law in serious offences.
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