2012 (6) TMI 919 - HC - Indian Laws

Summary

Issues Involved:
1. Whether composition of the case can be allowed after disposal of the revision petition.
2. Proper procedure for recording payment of compensation and fine.
3. Correctness of the decision in Beena v. Balakrishnan Nair (2010 (2) KLT 1017).

Summary:

Issue 1: Composition of the Case Post-Revision
The court examined whether the composition of the case could be allowed after the disposal of the revision petition. It was held that composition cannot be allowed post-revision as per the decision in Beena v. Balakrishnan Nair (2010 (2) KLT 1017). The court reiterated that after the final decision in revision, composition is not permissible even u/s 482 of the Code of Criminal Procedure.

Issue 2: Procedure for Recording Payment of Compensation and Fine
The court discussed the proper procedure for recording the payment of compensation and fine. It was noted that R. 191 of Criminal Rules of Practice mandates maintaining a fine register in Form No. 20. The court emphasized that every fine imposed must be recorded in the register and initialed by the Judge or Magistrate. The court found that if the procedure in Beena's case is followed in every case, it may lead to further judicial inquiries and potential disputes, resulting in waste of judicial time. Therefore, the court clarified that if the complainant admits receipt of compensation or the accused establishes that compensation was paid directly to the complainant, there is no impediment in recording that fact.

Issue 3: Correctness of the Decision in Beena v. Balakrishnan Nair
The court addressed the correctness of the decision in Beena's case. It was found that the decision in Beena's case was based on the peculiar facts and circumstances of that case. The court held that there was no general direction in Beena's case, and the direction to the Magistrate was specific to the facts of that case. The court concluded that there was no error or defect in the directions given in Beena's case and upheld the decision.

Conclusion:
The court answered the references by clarifying the procedures for recording payment of compensation and fine, and upheld the decision in Beena v. Balakrishnan Nair, finding no need to reconsider or clarify it further.