1. Conviction under Sections 304 Part II, 325, 323, and 147 of the Indian Penal Code — Appeal against conviction and sentence. (Para 2 )
Back
Next 
2000 Supreme(SC) 99
SUPREME COURT OF INDIA
G.B.Pattanaik : U.C.Banerjee
Ramphal
Versus
State Of M.P.
Case No. : 84 of 2000
Date of Decision : 1/13/00
Advocates Appeared: Kumar Ranjit : Mohia Anu : Tamta Binu
The court may permit the compounding of offenses and set aside convictions and sentences in the interest of justice when the incident is old, the parties have amicably settled, and related counter cases have already been compounded.
Headnote:(A) Indian Penal Code - Sections 147, 149, 304 Part II, 323 and 325 - Compounding of offenses - Conviction and sentence set aside on the basis of compromise - Where the occurrence is of an old date and the parties have amicably settled the matter, and the counter case has already been compounded, the court may, in the interest of justice, accord permission for compounding and set aside the conviction. (Para 2)
Facts of the case:
The appellants were convicted under Section 304 Part II read with Section 149, Section 325 read with Section 149, and Section 323 read with Section 149 of the Indian Penal Code. Upon appeal, the High Court set aside the conviction under Section 304 Part II read with Section 149, while confirming convictions under Sections 325/149, 323/149, and Section 147, reducing the sentence to 2 years. Subsequently, an application for compounding was filed, noting that the counter case had already been compounded and the complainant had endorsed the application for settlement regarding an incident that occurred in 1987.
Findings of Court:
The court found that the incident occurred in 1987 and the parties had reached an amicable settlement. Given that the counter case had already been compounded and the complainant agreed to the settlement, the court deemed it appropriate to permit the compounding in the interest of justice.
Issues: Whether the conviction and sentence could be set aside based on a compromise between the parties and the compounding of the matter.
Ratio Decidendi: In the interest of justice, where an occurrence is old and the parties have amicably settled the dispute, particularly when related counter cases have already been compounded, the court may permit the compounding of the matter and set aside the conviction and sentence.
Result: Conviction and sentence set aside; appeal disposed of on the basis of compromise.
Legal Category Hierarchy
Table of Contents
2. Application for compounding of offences based on an amicable settlement between the parties. (Para 2 )
3. Consideration of the time elapsed since the occurrence and the amicable settlement between parties as grounds for permitting compounding in the interest of justice. (Para 2 )
4. Permission for compounding of offences may be granted in the interest of justice where parties have reached an amicable settlement. (Para 2 )
5. Conviction and sentence set aside; appeal disposed of on the basis of compromise. (Para 2 )
6. Under what circumstances may a court permit the compounding of offences during an appeal?
A court may permit the compounding of offences in the interest of justice when the parties have reached an amicable settlement and significant time has elapsed since the occurrence. (Para 2 )
(1) LEAVE granted.
(2) THE appellants were convicted under Section 304 Part II read with Sections 149, 325 read with (sic Sections) 149 and 323 read with (sic Section) 149 by the learned Trial Judge and sentenced to imprisonment for 3 years. The High Court in appeal set aside the said conviction under section 304 Part II read with section 149, and while confirming the conviction under section 325/149, 323/ 149 and undersection 147 of the Indian Penal Code reduced the sentence to 2 years. Before the original court, nor the High court, any application for compounding had been filed. But in this case an application for compounding has been filed and it has been brought to our notice that in the counter case, on an application for compounding having been filed, the court has already granted permission and the matter has been compounded. The complainant/ informant has endorsed in the application for compounding and the counsel appearing for them also states that the matter has been amicably settled. Taking into account the fact that the occurrence is of the year 1987 and the parties have compounded the matter amongst themselves, we think, in the interest of justice, to accord permission of such compounding. We, accordingly set aside the conviction and sentence and dispose of this appeal on the basis of compromise. The accused appellants are in custody. They may be released forthwith, unless required in any other case.
