BINEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition has been filed against the judgment of the Court of the Additional District & Sessions (Ad hoc) Judge, Mavelikkara in Criminal Appeal No. 415 of 2009. There is concurrent verdict of conviction and sentence against the revision petitioners under Section 324 of the Indian Penal Code. Pending the revision petition the revision petitioners and the de facto complainant, the person on whom hurt was caused, compromised the case that ultimately led to the conviction and sentence of the revision petitioners. The compromise duly verified by the parties is brought on record by filing Crl. M.A. No. 2665 of 2012 which carries the prayer for permission to compound the offence under Section 324 IPC.

(2.) The question is whether the said petition for permission to compound the offence under Section 324 IPC is allowable after the coming into force of the Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005) from 31-12-2009. If the answer is in the affirmative it would spare a consideration of this revision petition on merits as the composition of the offence will have the effect of an acquittal of the revision petitioners.

(3.) Certain facts and factors require compendious narration to answer the aforesaid question. Offences which are covered by the Table under sub-section (1) and the Table under sub-section (2), of Section 320 of the Cr.P.C. can be compounded by the person specified in third column of the said Tables. The offences covered by the Table under sub-section (1) are compoundable without permission of the court and offences covered by the Table under sub-section (2) are compoundable only with the permission of the court. Evidently, offence under Section 324 IPC was compoundable with permission of the court till the coming into force of the Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005). Act 25 of 2005 brought in amendment to the Table appended to sub-section (2) of Section 320 of Cr.P.C. so as to make the offence under Section 324 IPC non-compoundable. Though Act 25 of 2005 was published on 23-6-2006 it was to take its effect only from the date of its notification. In this context, the decision of the Hon'ble Apex Court in Mathura Singh and others v. State of U.P,2009 2 KHC 759 assumes relevance. It was decided on 27-4-2009. Taking note of the fact that Act 25 of 2005 was not brought into force by notification, offence under Section 324 IPC was held still compoundable, with the permission of the court. Later, it was notified on 31-12-2009. Thus, obviously, the offence under Section 324 IPC became non-compoundable on 31-12-2009. But, the point to be decided is whether Crl.M.A.No. 2665 of 2012 filed jointly by the revision petitioners and the second respondent to whom hurt was caused, is allowable after the coming into force of Act 25 of 2005 on the ground that the offence under Section 324. IPC was committed on 5-11-2007. The learned counsel for the petitioners relied on the decision of the Hon'ble Apex Court in Hirabhai Jhaverbhai v. State of Gujarat and others, 2010 6 SCC 688 to canvass the position that the said offence being one committed when the offence under Section 324 IPC was compoundable, can still be compounded with the permission of the court. That case was decided by the Hon'ble Apex Court on 9-4-2010.