SRIDHAR PANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the order dated 5-4-2003 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. No. 120 of 1992 rejecting the petition for compounding the offence.

(2.) It appears from the record that opposite party No. 2 has filed the complaint alleging commission of offences under Ss. 294, 323, 506, 379 of the Penal Code by the present petitioner. During the course of hearing of the complaint, a joint petition was filed for compounding the offences. The learned Magistrate in the impugned order observed that Ss. 294 and 506 of the Penal Code are not compoundable and so far as S. 379 of the Penal Code is concerned, since the subject-matter of theft exceeds Rs. 250.00, the same is also not compoundable and accordingly in the impugned order the learned Magistrate compounded the offence under S. 323 of the Penal Code, but refused to compound in respect of rest of the offences i.e. Sections 294, 379 and 506 of the Penal Code.

(3.) The learned counsel Shri Ray appearing for the petitioner challenged the order on two grounds. According to Shri Ray, at the time of framing of charge the learned Magistrate by order dated 7-7-1994 had framed charge for commission of offences under Ss. 294, 323, 506 and 379 of the Penal Code. There cannot be any alteration of charge while considering an application for compounding the offences. According to Shri Ray, the learned Magistrate committed illegality in framing charge under S. 506(ii) of the Penal Code while considering the application for compounding the offences. The other ground taken by the learned counsel for the petitioner is that in view of the decision of the Apex Court in the case of B. S. Joshi v. State of Haryana, reported in 2003 (3) Supreme 227 compounding is permissible in non-compoundable offences by the High Court in appropriate cases in exercise of jurisdiction under S. 482 of Cr. P.C. The Apex Court has observed that in exercise of jurisdiction under S. 482, Cr. P.C. the High Court can quash the proceeding in appropriate case where the parties approach for compounding the offence even in a non-compoundable offence.