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Judgment
Delay condoned.
Issue notice.
The petitioners herein were convicted, inter alia, u/s 326 IPC. We understand that the parties have arrived at an amicable settlement. However, in view of the fact that the offence mentioned in Section 326 is a non-compoundable offence, we cannot straightway acquit the petitioners the settlement between the parties, notwithstanding.
There are several offences under the IPC that are currently non-compoundable. These include offences punishable u/s 498A, Section 326, etc. of the IPC. Some of such offence can be made compoundable by introducing a suitable amendment in the statute. We are of the opinion that the Law Commission of India could examine whether a suitable proposal can be sent to the Union Government in this regard. Any such step would not only relieve the courts of the burden of deciding cases in which the aggrieved parties have themselves arrived at a settlement, but may also encourage the process of re-conciliation between them. We, accordingly, request the Law Commission and the Government of India to examine all these aspects and take such steps as may be considered feasible.
The Secretary General of this Court shall forthwith send a copy of this order to the Law Commission of India as well as to the Law Secretary to the Government of India. The Law Secretary is requested to place a copy of this order before the Hon'ble Minister of Law & Justice, Union of India.