CrPC Section 344
CrPC Section 344 – Compounding of Offences by the Court
Section 344 deals with the power of a court to allow offences to be compounded. It applies specifically to offences that can be compounded under the Indian Penal Code (IPC) or other laws.
Exact Provision (Simplified)
"Where any person has been accused of an offence which is compoundable, the court may, either before or after the framing of charges, allow the complainant or the person aggrieved to compound the offence, and thereupon the court may record the compromise and discharge the accused."
Key Elements of Section 344
Compoundable Offence:
Only offences specified as compoundable under the law can be compounded.
For example, minor assault, hurt, defamation, or trespass may be compoundable.
Serious offences like murder, rape, or dacoity are non-compoundable, so this section does not apply to them.
Consent of Complainant or Aggrieved Person:
The person who has been harmed or wronged (complainant) must agree to compound the offence.
Without their consent, the court cannot allow compounding.
Timing of Compounding:
The court can allow compounding at any stage of the case:
Before framing of charges
After framing of charges
This gives flexibility to settle disputes amicably even during trial.
Court’s Role:
The court examines the compromise to ensure it is voluntary and genuine.
If satisfied, the court records the compromise in writing.
The court can then discharge the accused, meaning the accused is released from liability for that offence.
Recording the Compromise:
The compromise is formally documented by the court.
This acts as a legal record that the matter has been settled amicably.
Effect of Compounding under Section 344
Once the offence is compounded:
The accused cannot be further prosecuted for that offence.
The case is effectively closed.
It promotes settlement of disputes without prolonged litigation.
Important Points to Note
Applicability:
Only for compoundable offences.
Section 320 of CrPC lists most compoundable offences under IPC.
Voluntary Nature:
The compromise must be voluntary, without coercion or undue influence.
Court’s Discretion:
Even if both parties agree, the court may refuse compounding in certain circumstances to protect public interest.
Example
Suppose A and B are neighbors, and A hurts B in a minor quarrel.
B agrees to forgive A if A apologizes and pays compensation.
The court, under Section 344, can record this compromise and discharge A.
✅ In short:
Section 344 empowers the court to accept a settlement between the accused and the aggrieved person in compoundable offences, thus allowing amicable resolution and ending criminal proceedings against the accused.
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