Ramgopal & Anr vs State Of M.P.& Anr

RAMGOPAL & ANR. ...Petitioner(s)

Versus

STATE OF M.P. & ANR. ...Respondent(s)

O R D E R

Delay condoned.

Issue notice.

The petitioners herein were convicted, inter alia,

under Section 326 IPC. We understand that the parties have

arrived at an amicable settlement. However, in view of the

fact that the offence mentioned in Section 326 is a non-

compoundable offence, we cannot straightway acquit the

petitioners the settlement between the parties,

notwithstanding.

There are several offences under the IPC that are

currently non-compoundable. These include offences

punishable under Section 498-A, Section 326, etc. of the

IPC. Some of such offence can be made compoundable by

introducing a suitable amendment in the statute. We are

of the opinion that the Law Commission of India could

examine whether a suitable proposal can be sent to the

Union Government in this regard. Any such step would not

only relieve the courts of the burden of deciding cases in

which the aggrieved parties have themselves arrived at a

settlement, but may also encourage the process of

re-conciliation between them. We, accordingly, request the

Law Commission and the Government of India to examine all

these aspects and take such steps as may be considered

feasible.

The Secretary General of this Court shall forthwith

send a copy of this order to the Law Commission of India as

well as to the Law Secretary to the Government of India.

The Law Secretary is requested to place a copy of this

order before the Hon'ble Minister of Law & Justice, Union

of India.

..........................................J. (MARKANDEY KATJU)

...........................................J. (T.S. THAKUR) New Delhi July 30, 2010