JUDGMENT :

A.S. CHANDURKAR, J.

1. The contentious issue as regards the scope of power exercisable under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the Code’) when a prayer is made for quashing criminal proceedings/conviction at the instance of a convict after his conviction for a non-compoundable offence on account of settlement between the convict and the victim/complainant falls for determination before this larger bench.

Decisions leading to the reference:-

2. At the outset we may refer to the decisions that have led to making of the present reference.

In Criminal Application No.0382 of 2018 (Udhav Kisanrao Ghodse Vs. State of Maharashtra) the accused were tried for having committed offence punishable under Section 323 of the Indian Penal Code (for short, ‘the Penal Code’). In addition the accused no.1 was convicted for committing offence punishable under Sections 447 and 354 of the Penal Code. The order of conviction was challenged before the Sessions Court by preferring an appeal. During the pendency of the appeal, the accused and the informant arrived at a compromise and the said parties approached this Court under Section 482 of the Code especially in the ba