Can drop charges even in non-compoundable offences: Supreme Court

THE JUDGMENT CLARIFIED THAT THE POWER OF THE SC OR HC CANNOT BE LIMITED TO THE OFFENCES LISTED UNDER CRPC SECTION 320

NEW DELHI: The Supreme Court on Wednesday ruled that a constitutional court has the power to quash criminal proceedings after parties arrive at a compromise even in cases that cannot be settled ordinarily under the law.

A bench, headed by chief justice of India (CJI) NV Ramana, underscored the power of the Supreme Court under Article 142 (authority to issue orders to do complete justice) and the power of a high court under Section 482 of the Code of Criminal Procedure (CrPC) (inherent powers of a high court to pass orders to secure the ends of justice).

The bench, also comprising Justice Surya Kant, held that the power of the constitutional courts in quashing criminal cases cannot be constricted by Section 320 of the CrPC that defines which offences can be settled through compromise and which cannot. Section 320 CrPC enlists less serious offences such as theft, mischief, cheating and defamation that can be compounded (settled) after the complainant enters into a compromise with the accused.

The judgment on Wednesday clarifies that the power of the SC or a high court cannot be limited to the offences listed under CrPC Section 320 and that the courts, owing to “extraordinary power”, can drop charges even in noncompoundable offences to secure complete justice.

“In doing so, due regard must be given to the overarching objective of sentencing in the criminal justice system, which is grounded on the sublime philosophy of maintenance of peace of the collective...,” the bench held as it laid down the common legal propositions in two separate criminal cases.