SC: In Forgery cases, even if parties compromise, it is not possible for court to drop case

There are three types of criminal cases namely:

Cases where:
1) Compromise is permissible 2) Compromise permissible if Court also says Yes 3) Compromise not permissible even with permission of Court.

For example, forgery, rape, murder etc type of cases. Here, even if parties enter into compromise, the court cannot drop case. The case will go on and if there is evidence, accused will be convicted.

The question whether such cases can also be compromised or not, is pending before larger Benches of Supreme Court.

But in meantime, law is clear that courts will not drop such cases even if there is compromise between parties.

More accurate and full details can be found in Supreme Court judgement dated 14/3/2012 in WP Crl No. 26 of 2011 titled Ashok Versus Union and reported in 2012(3) Scale page 404

Haresh Raichura
21/9/2012