T.P.S.MANN, J. - (1.) FIR No. 129 dated 27.8.1999 was registered at Police Station "A" Division, Amritsar under Section 420 IPC, on the basis of an application submitted by Raminder Pal Singh Sethi-complainant-respondent No. 2. After the investigation of the case, challan under Section 420/120-B IPC was submitted in the Court against the petitioners. On 25.9.2004, when the matter was fixed for recording of the evidence before JMIC, Amritsar, an application was moved on behalf of the accused-petitioners for compounding the offences with the complainant. Respondent No. 2, who was present in the Court got his statement (Annexure P-2) recorded, wherein he stated that the grievance has been removed as the accused-party had deposited the loan amount taken by them from the bank. He further stated that at the intervention of the respectables, a compromise had been arrived at. He requested for the grant of permission so as to compound the offences with the accused.
(2.) AFTER perusing the file, the Magistrate noticed that apart from Section 420 IPC, charge had also been framed under Section 120-B IPC and for the reason that offence under Section 120-B IPC was not compoundable, no permission could be granted to the complainant, as well as the accused to compound the offence. The said order (Annexure P-4) passed by the Magistrate on 25.9.2004 is under challenge in the present petition filed by the petitioners under Section 482 Cr.P.C. Section 320 Cr.P.C. deals with compounding of offences. Offences mentioned in the table under sub-section (1) are compoundable as such. Under sub-section (2) are the offences, which can be compounded with the permission of the Court. Offence u/s 420 IPC falls in this category. Sub-section (3) says that when any offence is compoundable under this section, the abetment of such offence may be compoundable in like manner. The relevant portion of Section 320 Cr.P.C. reads as under : "320. Compounding of offences : (1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that table : ...[VERNACULAR TEXT OMMITED]... (2) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table : ...[VERNACULAR TEXT OMMITED]... (3) When any offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in like manner". Section 120-B IPC prescribes punishment for criminal conspiracy. Whosoever is a party to a criminal conspiracy to commit an offence is to be punished in the same manner as if he had abetted such offence. In N.M.M.Y. Momin v. State of Maharashtra, AIR 1971 SC 885, the Court while drawing distinction between Section 34 IPC and Section 109 IPC, went on to consider the elements of criminal conspiracy. It was noticed that there was close association of conspiracy with incitement and abetment although the substantive offence of criminal conspiracy was somewhat wider in amplitude than abetment by conspiracy as contemplated by Section 107 IPC.
(3.) ONCE it is clear that criminal conspiracy involves the element of abetment, the offence u/s 120-B IPC is also compoundable under Section 320 Cr.P.C. in the same manner as offence u/s 420 IPC is compoundable with the permission of the Court under Section 320(2) Cr.P.C. Similarly, offence under Section 120-B IPC in relation to the offence under Section 420 IPC is also compoundable in the similar manner.;