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Neville Dadi Master @ Neville Master vs The State of West Bengal & Anr.

SLP (Crl.) · 2023 INSC 570Decided 19 May 2023
SLP (Crl.) No. 3212 of 2023
S. Ravindra Bhat · Dipankar Datta

Background

Based on a 2017 complaint, an FIR was registered against the appellant under provisions of the IPC and the Prevention of Corruption Act. After investigation and a charge-sheet, the Special Court discharged him of the more serious charges but found enough material to proceed against him for trespass and cheating (Sections 447 and 419 IPC) and transferred the case to a magistrate. The Calcutta High Court upheld this, and the appellant challenged that order in the Supreme Court.

Decision Breakdown

The Supreme Court noted that offences under Sections 447 (trespass) and 419 (cheating by personation) IPC are legally "compoundable", meaning the person wronged can agree to drop the matter. The appellant's senior counsel offered, and the Court permitted, a personal meeting between the appellant and the complainant (the second respondent) where the appellant tendered an unqualified apology; the complainant later reported to the High Court registry that she was satisfied with the apology. Given this genuine resolution, the compoundable nature of the offences, and the appellant's undertaking not to repeat the conduct, the Court held no useful purpose would be served by forcing a trial, set aside the lower orders, and closed the criminal case, while also cautioning the appellant to be careful in future and commending the complainant for not pressing the matter further.

Lesson Learnt

For certain lesser criminal offences that the law classifies as "compoundable," a genuine settlement and sincere apology between the parties can bring the case to a close even after charges have effectively been framed, but this option exists only for offences the law specifically allows to be compounded, not for serious crimes.

Official source (sci.gov.in)View Judgment (PDF)

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