Short Answer

Yes, a criminal breach of trust can be compounded (settled) by agreement under certain conditions.

Detailed Explanation

Section 88 of the Gujarat Cooperative Societies Act, 1961 allows for the compounding of offenses. It states that any offense under this Act may be compounded by the Registrar at any stage of the case. This means that if a criminal breach of trust has occurred within a cooperative society, the Registrar has the authority to allow for the settlement of the offense through a mutual agreement between the parties involved. This provision aims to provide a mechanism for resolving disputes and offenses within cooperative societies without prolonged legal proceedings.

Furthermore, Rule 118 of the Gujarat Cooperative Societies Rules, 1965 provides the procedure for compounding offenses. It outlines the application process, the conditions under which compounding can be allowed, and the fees to be paid for compounding. In practice, parties involved in a criminal breach of trust can approach the Registrar with a request for compounding, and if the Registrar deems it fit, the offense can be settled through an agreement between the parties.

For example, if a committee member of a cooperative society is accused of misappropriating funds, the society can opt to compound the offense by reaching a settlement with the accused member under the supervision of the Registrar. This allows for a quicker resolution of the matter and avoids prolonged legal battles.

In another scenario, if a cooperative society's manager is found to have committed a criminal breach of trust by selling society property without authorization, the society can choose to compound the offense by entering into an agreement with the manager to compensate for the loss incurred by the society.

Overall, compounding a criminal breach of trust by agreement provides a practical and efficient way to resolve disputes and offenses within cooperative societies, promoting harmony and cooperation among members.

References

• Section 88 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 118 of the Gujarat Cooperative Societies Rules, 1965: Official PDF