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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Aneesh S/o Shanmughan – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
A. BADHARUDEEN, J.
1. This appeal is at the instance of accused Nos.1 to 3 in SC No137/2011 on the files of the Additional Sessions Court-V, Palakkad. As per the impugned judgment dated 17.03.2014, the trial court found that the appellants/accused are guilty for the offences punishable under Sections 452 , 326, 324 and 294(b) of the INDIAN PENAL CODE (hereinafter referred to as ‘IPC’ for short) and accordingly, they were convicted and sentenced.
2. Now Crl.M.A.No.2/2025 has been filed jointly by the appellants as well as the injured persons, Sri.Vijayan and Unnikrishnan, stating that the matter has been compromised and therefore, the appeal need not be continued. Consequently, they submitted that the conviction and sentence are to be set aside acting on the compromise.
3. In so far as compounding of offences involving severe punishment, including under Section 326 of IPC, it is submitted by the learned counsel for the appellants that in the decision in Ramgopal and Ors. Vs. The State of Madhya Pradesh , 2021 (5) KLT 601 : (2022) 14 SC 531, the Apex Court considered quashment of non- compoundable offences after conviction. In the said case, the Apex Court considered convi
The High Court possesses inherent power to compound non-compoundable offenses post-conviction under Article 142, considering factors like the nature of the injury and the voluntary compromise by vict....
The High Court can quash convictions for non-compoundable offences when the parties have amicably settled their disputes, preserving justice and social harmony.
The court can quash non-compoundable offences post-conviction if the parties have reached a compromise, provided the offences are not heinous and do not contravene the objectives of special statutes.
Non-acceptance of compromise would also lead to denial of complete justice which is very essence of our justice delivery system.
The High Court can compound non-compoundable offences under its inherent powers when it serves the ends of justice and promotes societal harmony.
The court can quash criminal proceedings based on the compromise between the parties, following the guidelines to secure the ends of justice and prevent abuse of the process of any Court.
A compromise between convict and complainant does not automatically quash a conviction under non-compoundable offences; judicial discretion is exercised only in rare cases to prevent abuse of justice....
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