GURCHARAN SINGH BHAWNANI Vs. STATE

JUDGEMENT

(1.) Noticing that some judgments of different Benches - Single and Division- in effect permitted compounding of offences which are non- compoundable by exercising power under Section 482 of the Code of Criminal Procedure, 1973 (in short, the Code), reference has been made to the larger bench,. as the learned Judge before whom the petitions were posted, expressed doubt about permissibility of such a course .

(2.) Factual aspects need not be noted in detail, as the basic issue involved in all these cases is that proceedings were initiated for alleged commission of offences punishable under Sections 39/44 of the Indian Electricity Act, 1910 ( in short the Act) read with Section 379 of the Indian Penal Code, 1860, (in short, Indian Penal Code) and prayer was for quashing them as theft bill amounts have been paid.

(3.) Learned Counsel for petitioners submitted that even though there may be bar for compounding of offences in terms of sub-section (9) of Section 320 of the Code, yet there is no bar for exercise of power under section 482 of the Code in appropriate cases to either prevent the abuse of the process of the Court or to secure ends of justice. Similar question has been raised before the Courts and the Courts are flooded with litigation of this nature. There is no dispute on the fact that offences in question are not compoundable in view of the specific bar under sub-section (9) of Section 320.