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High Court has power to permit the parties to compound the offence even in a non-compoundable case

In Erappa v. Somaningappa, the dispute  before the Karnataka High Court related to the sell of a plot. The complainant alleged that Petitioners 1 and 2, fraudulently, by showing another plot had sold the plot in dispute to the complainant for a sum of Rs. 68,000/-. On enquiring about the plot in dispute from the Rehabilitation Office, the complainant came to know that the plot is not standing in the name of the petitioners. The complainant alleged that with the intention to cause financial loss and to cheat the complainant, they have sold the property. As such, the case was registered.

The Court perused the averments and documents and found that after the incident took place, there were negotiations and interventions by the elders and well-wishers and the cancellation deed was executed in this behalf. The petitioners also repaid the amount. The matter was settled and the memorandum of settlement under Section 482 of CrPC was submitted.

The High Court followed the decision of the Apex Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303 wherein it was held that the High Court has got ample power under Section 482, CrPC even to permit the parties to compound offences in non-compoundable cases and to quash the criminal proceedings or F.I.R or complaint. Accordingly the petitions were allowed. [Erappa v. Somaningappa, Criminal Petition No. 200306/2017, dated August 7, 2017]

 Article referred: http://blog.scconline.com/post/2017/08/19/high-court-has-ample-power-to-permit-the-parties-to-compound-the-offence-even-in-a-non-compoundable-case/

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