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VIKRAM NATH, PRASANNA B. VARALE
H. N. Pandakumar – Appellant
Versus
State of Karnataka – Respondent
ORDER
VIKRAM NATH, J.
1. The present Miscellaneous Application [In short “M.A.”] seeking direction for compounding of offence has been filed by the applicant/petitioner in Special Leave Petition (Criminal) No. 895/2024, which was dismissed by this Court vide order dated 19.01.2024, thereby upholding the conviction of the applicant/ petitioner under Section 326 of the Indian Penal Code, 18602. The applicant/petitioner, H.N. Pandakumar (Accused No. 3 in the original case), seeks relief for compounding the offense based on a compromise reached between the parties after the dismissal of the Special Leave Petition.
2. The original complaint was lodged by the respondent/complainant, Puttaraju, in FIR No. 198/2008 at K.R. Pete Rural Police Station, Mandya, alleging that Accused Nos. 1 to 5 had formed an unlawful assembly and assaulted the complainant and his family members, causing grievous injuries. Following an investigation, charges were framed against all the accused under Sections 143, 341, 504, 323, 324, and 307 read with Section 149 the Indian Penal Code, 18603. The Trial Court, vide its judgment dated 24.01.2012 in Sessions Case No. 68/2009, convicted Accused Nos. 3 and 4 under Secti
Compounding of offence – While offence under Section 326 IPC is non-compoundable, exceptional circumstances of case, including voluntary settlement between parties, warrant exercise of Supreme Court’....
Compounding of offences – Courts cannot grant permission to compound non-compoundable offences on the basis of any sort of compromise between parties, except High Court under Section 482 of Cr.P.C. a....
The High Court can quash convictions for non-compoundable offences when the parties have amicably settled their disputes, preserving justice and social harmony.
Section 320 of Cr.P.C. does not encapsulate Section 324 and 307 IPC under its list of compoundable offences. However, fact of amicable settlement can be a relevant factor for the purpose of reduction....
Compromise between parties in family disputes may be accepted even for non-compoundable offences under certain circumstances to maintain harmony, despite the general prohibition under Section 320 Cr.....
The court affirmed that compromises post-conviction do not automatically quash convictions for non-compoundable offenses, but may be considered in appeals.
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