When the police is a violator of the law whose primary responsibility is to protect the law, the punishment for such violation has to be proportionately stringent so as to have an effective deterrent effect and instil confidence in the society. Thus, Permission for compounding of such offences involving police brutality/atrocities cannot be granted by the court under sec 324 of IPC. Para 37
The present is a case where the accused who were police officers, one of them being in charge of the station and other senior inspectors have themselves brutally beaten the deceased, who died the same night. Their offences cannot be compounded by the court in the exercise of Section 320(2) read with subsection (5) of CrPC– para 38
The custodian violence on the deceased which led to the death is abhorrent and non-acceptable in a civilized society. The offences committed by the accused is a crime not against the deceased alone but was against humanity and a clear violation of rights guaranteed under Art. 21. Thus, permission for the compounding of such offences cannot be granted by the court, regardless of any settlement entered into by the parties. Para 40
(2021) 3 SCC 529 – Pravat Chandra Mohanty v. State of Odisha