Model Order_Compouding of Offence of M.V. Act u/s 177 , 184

IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS, ________

Summary Case No. ____ / 20__

State of Gujarat
Versus
Accused : __________________

ORDER

The accused is present before this Court. Learned Assistant Public Prosecutor is also present.

The present case arises out of the alleged commission of offences punishable under Sections 177 and 184 of the Motor Vehicles Act, 1988.

Learned APP submits that the aforesaid offences are compoundable under Section 200 of the Motor Vehicles Act, 1988, and seeks permission to compound the same. The accused has voluntarily expressed his willingness to compound the offences and has agreed to pay the prescribed compounding amount. The statement of the accused is recorded.

On verification of the record, it is found that the accused has paid / deposited the prescribed compounding amount as per law. Considering the provisions of Section 200 of the Motor Vehicles Act, 1988, and since the offences under Sections 177 and 184 of the Motor Vehicles Act are compoundable, permission is hereby granted to compound the said offences.

ORDER

1. The offences punishable under Sections 177 and 184 of the Motor Vehicles Act, 1988 are hereby compounded.

2. The accused is discharged / acquitted for the said offences under the Motor Vehicles Act.

3. The amount paid towards compounding is ordered to be accepted and credited as per rules.

4. This order shall be confined only to the offences under the Motor Vehicles Act, 1988.

Pronounced in open Court.

Date : __________
Place : __________

(_____________________)
Judicial Magistrate First Class

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ORDER ON COMPOUNDING (MOTOR VEHICLES ACT ONLY)

IN THE COURT OF
Judicial Magistrate First Class, _________
Case No. _______ / 20__

State of Gujarat
Versus
Accused : ___________

ORDER

1. The accused is produced before this Court in connection with the offences punishable under Sections 177 and 184 of the Motor Vehicles Act, 1988.

2. Learned APP submits that the said offences are compoundable under Section 200 of the Motor Vehicles Act, 1988, read with the relevant Rules and Government Notifications.

3. The accused has voluntarily expressed willingness to compound the offences and has agreed to pay the prescribed compounding amount. The statement of the accused to this effect is recorded.

4. On verification of the record, it appears that the compounding amount as prescribed under law has been paid / tendered before the competent authority / Court.

5. In view of the statutory provisions under Section 200 of the Motor Vehicles Act, 1988, and considering that the offences under Sections 177 and 184 are compoundable, permission is hereby granted to compound the said offences.

ORDER

• The offences punishable under Sections 177 and 184 of the Motor Vehicles Act, 1988 are hereby compounded.

• The accused stands discharged / acquitted (as per practice) for the aforesaid offences under the Motor Vehicles Act.

• The amount paid towards compounding is ordered to be accepted and credited as per rules.

• It is clarified that this order is confined only to the offences under the Motor Vehicles Act, 1988.

CLARIFICATION

Compounding of offences under the Motor Vehicles Act shall not affect any other proceedings, if pending, under any other law.

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To whom is the compounding amount paid in Motor Vehicles Act offences?

✅ Answer

👉 The compounding amount is paid to the Government / authorized authority,
NOT to the injured person or the complainant.

Legal Position

Section 200, Motor Vehicles Act, 1988

• Authorises State Government / notified officers / Courts to compound offences

• Compounding amount is:

  • a statutory fee

  • credited to the Government treasury

  • treated as fine in lieu of prosecution

There is no provision under the Motor Vehicles Act for paying compounding amount to:

• the injured person, or

• the complainant

Who actually receives it (practically in Gujarat)?

• Traffic Police / RTO / Court Cash Section

• Amount is deposited via:

  • challan

  • treasury receipt

  • e-challan system

📌 Payable to:

“Government of Gujarat” (through authorised officer)

Important Distinction (Very Important for Orders)

Judicial Practice Note

If there is an injured person:

• Court may say:

  “Compounding under MV Act does not bar the injured from seeking compensation before MACT or appropriate forum.”

Safe Line to Add in Order (Optional)

“The compounding amount is ordered to be deposited with the Government as per rules and shall not be construed as compensation to any injured person.”