Law: Illegal Dispossession Act, 2005

Section: 3,4,8

Law: Criminal Procedure Code (V of 1898)

Section: 345

(a)    Illegal Dispossession Act (XI of 2005)---

----Ss. 3, 4 & 8---Criminal Procedure Code (V of 1898), S. 345---Illegal dispossession---Compromise---Scope---No doubt the legislature has not provided a specific section/provision under the Illegal Dispossession Act, 2005, for compounding the offense---However, S.9 of the Act ibid provided that unless provided in the Illegal Dispossession Act, 2005, the provisions contained under the scheme of Criminal Procedure Code, 1898, shall apply to all the proceedings under the Act ibid---Therefore, the compromise effected between the parties under the Act ibid should be treated as the compromise within the meaning of S.345, Cr.P.C.---Non-compoundability of the particular Section of the law should not be read in isolation but it should be read in the background of each criminal case and beneficial interpretation should be given to it---When the parties had earnestly decided to live in peace and tranquility by forgetting and giving up all their past transactions then for the sake of their welfare in general and betterment of socio-economic conditions of the society as a whole in particular, it would be prime need of time to acquit the accused from the charge upon the basis of compromise despite the non-compoundability of the S.3 of Illegal Dispossession Act, 2005.

(b)   Illegal Dispossession Act (XI of 2005)---