CAN RESIGNATION BE GIVEN IN CRIMINAL CASES?

Any criminal case is instituted based on a police report or the application of the aggrieved
party to the Magistrate. There are two ways for a victim to register a criminal case.
Whensoever any crime occurs it is against the state and that is only a relationship between the
victim and the accused but the state is with the victim. On the victim's application, the state
registers a criminal case on its behalf. In a major criminal case, the victim has no right to
compromise with the accused. There are some cases where not only the victim but also the
rights of other people are encroached upon; only the victim cannot resign. This topic is being
deliberated in detail in this article.

Resignation in criminal cases ;

This is an initiative in which there is no long trial of the cases, but the parties settle the case
midway by making a compromise between themselves. Generally, this happens through Lok
Adalat’s.

Resignation has many benefits, such as

(1) Cases are disposed of quickly,

(2) Unnecessary money and time is not wasted in litigation and

(3) There remains a feeling of mutual affection and harmony among the parties.

Initially, Resignations we’re not given legal form. Over time, it was given legal form.
Necessary provision in this regard has been made in Section 320 of the Code of Criminal
Procedure, 1973.

Eligible cases in Resignation in criminal cases

i) Firstly, those cases in which resignation can be done without the permission of the court.

(ii) Second: Such cases in which resignation can be done with the permission of the court.

scope of Section 320-

The cases of the first category are of a normal nature whereas the cases of the second
category are of a relatively serious nature. In this regard, the table of Section 320 of the Code
of Criminal Procedure can be seen. It is noteworthy here that the crimes mentioned in Section
320 can be compounded, but not in other cases

In cases which do not fall within the scope of Section 320-

(i) Neither are tender documents, and

(ii) Nor can he be made eligible for resignation with the permission of the court. If
resignation is made in cases other than those falling within the ambit of Section 320,
permission cannot be given by the court. In such cases, the quantum of punishment may be
considered.

For example

In the case of section 307 of the Indian Penal Code, 1860, the accused was released on
serving his sentence because The case was 20 years old, the parties were farmers, and An
agreement was reached between the parties.

The court has granted permission for resignation in the following cases:

(i) A case under section 324 of the Indian Penal Code, that is, Voluntarily causing hurt by
dangerous weapons or means.

(ii) A Case under section 323 of the Indian Penal Code, Punishment for voluntarily causing
hurt

(iii) A Case under section 325 of the Indian Penal Code, Punishment for voluntarily causing
grievous hurt

(iv) A case under section 307 of the Indian Penal Code in which the accused was an advocate.
Attempt to murder

(v) Matters under Section 138 of the Negotiable Instruments Act etc, Dishonour of cheque for
insufficiency, etc., of funds in the account

However, permission to compromise was not granted in the case of illegal abortion.
Compromise is allowed in such cases of a general nature in which a compromise is reached
between the parties and which is worthy of compromise.

Effects of resignation
 1) The effect of the resignation will be the acquittal of the accused.
2) In one case there was resignation on behalf of the deceased. Where the person making
the resignation letter dies, the resignation letter can be made on his behalf by his legal
representative.
3) Resignation on behalf of a minor - If the person resigning -

(i) is a minor i.e. below 18 years of age, or

(ii) is the root, or

(iii) is insane, the resignation may be executed with the permission of the court by a
person competent to contract on his behalf.

It is noteworthy here that -

(a) Resignation can be done at any time before passing the sentence, even while writing the
judgment.

(b) Resignation can also be made in appeal.

It is important in this case that only crimes falling within the ambit of Section 320 can be
compounded, apart from this, compounding cannot be done in any other crime. Now in the
case, the person will either be convicted or acquitted but the court will not give its judgment
based on resignation.

Only small crimes come within the ambit of Section 320 and such crimes are limited to the
victim only. Abusing may be a small crime but it is not limited only to the victim, someone's
abuses create public welfare and it also infringes the rights of other people present there,
hence the crime of section 294 was not compoundable but recently This offense has been
made compoundable by the Centre.

Conclusion ;

Criminal cases are initiated based on a police report or the aggrieved party's application to the
Magistrate. Resignation in criminal cases involves parties settling the case midway by
making a compromise, usually through Lok Adalats. Resignations have several benefits, such
as quick disposal, reduced litigation time, and a sense of mutual affection among parties.
Initially, resignations were not given legal form, but they have since been granted legal form
through Section 320 of the Code of Criminal Procedure, 1973.

Eligible cases for resignation include those that can be done without court permission or
those that can be done with court permission. Section 320 covers cases of normal nature and
relatively serious nature, and only crimes falling within its ambit can be compounded.
Resignation can be made at any time before passing the sentence, even while writing the
judgment, or in appeal.

Compounding is not allowed in any other crime, and only small crimes fall within the ambit
of Section 320. Abusing, for example, is not only limited to the victim but also infringes on
the rights of other people present. Recently, the crime of section 294 has been made
compoundable by the Centre.