2019 (5) TMI 1940

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....ompensation amount, which is made part of the records. 2. In this view of the matter, learned counsel for the petitioner prays that the case be compounded in view of the very recent judgment of the Hon'ble Supreme Court in Bhangu  Trading Co. and another versus Surjit Singh (dead) through LRs, Criminal Appeal Nos. 808 and 809 of 2018 decided on 02.07.2018 and in terms of the subsequent judgment in N.P. Murugesan versus C. Krishnamurthy, Criminal Appeal No.818 of 2018, decided on 04.07.2018. 3. It would be noticed that in the judgments referred to above, on the payment of the outstanding amount, the Hon'ble Supreme Court had compounded the cases by setting aside the convictions. 4. Now, the moot question is whether in absence o....

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....nsatory, punitive element being mainly with the object of enforcing the compensatory element, compounding at the initial stage has to be encouraged but is not debarred at later stage subject to appropriate compensation as may be found acceptable to the parties or the Court. iii) Though compounding requires consent of both parties, even in absence of such consent, the Court, in the interests of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused. iv) Procedure for trial of cases under Chapter XVII of the Act has normally to be summary. The discretion of the Magistrate under second proviso to Section 143, to hold that it was undesir....