The judgment established the conditions and limitations under which criminal proceedings can be quashed based on compromise, emphasizing the power under Section 482 Cr.P.C. and the interpretation of relevant legal provisions.

ORDER :

1. The petitioner, who stands convicted in the trial for the FIR No.48/2014 registered at Police Station Kalu, District Bikaner, has comes up before this Court under Section 482 Cr.P.C. for quashing the judgment of conviction, sentence, charges, and the FIR, based on the compromise with the victim.

2. The police after investigation submitted charge-sheet against the petitioner for offence under Sections 420, 467, 468, 471 of IPC before the competent court. The learned Additional Chief Judicial Magistrate, Loonkaransar, District Bikaner upon appreciation of oral and documentary evidence available on record, by his judgment dt. 10.02.2020, convicted and sentenced the petitioner for offence punishable under Sections 420, 467, 468, 471 IPC. Aggrieved by his conviction and sentence, the petitioner preferred an appeal before the court of Additional Sessions Judge No.4, Bikaner, which is still pending.

3. Learned counsel for the petitioner submits that the respondent No.2-complainant and the petitioner had entered into a compromise in the spirit of Lok Adalat during the pendency of the appeal. An application was moved by the petitioner before the appellate court seeking compound the offence under Sections 420, 467, 468, 471 IPC but the same was dismissed vide order dt. 31.08.2023 while attesting the compromise qua offence under Section 420 IPC.

4. Learned counsel for the respondent No.2 has concurred the fact of compromise and submitted that the respondent No.2 has no objection if the conviction of the petitioner for offence under Sections 467, 468, 471 IPC is set aside.

5. I have considered the arguments advanced before me and carefully gone through the material available on record.

6. Admittedly, the parties have entered into a compromise and the question before this court is whether the power under Section 482 Cr.P.C. can be exercised for quashing of prosecution/ conviction upon compromise between the convict and the complainant.

7. In Khursheed and others v. State of U.P., Appeal (crl.) 1302 of 2007, decided on 28-9-2007, the appellants were convicted by Trial Court under sections 325, 323 read with 34 IPC. Their appeal against conviction was dismissed by the Sessions Court and revision petition was also dismissed by High Court. The convicts approached the Apex Court and Hon'ble Supreme Court held as under:-

[12]. An offence of causing grievous hurt punishable under Section 325 IPC is covered by sub-section (2) of Section 320 of the Code. It is thus clear that an offence punishable under Section 325 IPC is also compounded with the permission of the Court.

[13]. The parties have compounded the offences. As stated in the compromise deed, Gurfan Ahmad, complainant and his mother Kulsoom @ Bhoori (injured) did not want any action against the appellants (accused). The parties are neighbours, their houses are situated adjacent to each other and they have been living peacefully for last many years and there is no dispute among them. It is further stated that to continue sweet relationship and harmony, complainant side does not want to take any action against the accused. A prayer is, therefore, made to accept the compromise.

[14]. On the facts and in the circumstances of the case, and considering the Deed of Compromise and having heard learned counsel for the parties, in our opinion, ends of justice would be met if we grant necessary permission for compounding an offence punishable under Section 325 read with Section 34 IPC as required by sub-section (2) of Section 320 of the Code. The offence punishable under Section 323 IPC has already been compounded by the parties.

[15]. Sub-section (8) of Section 320 states that the compounding of offence under the section shall have an effect of acquittal of the accused with whom the offence has been compounded. The resultant effect of compounding of offences would be that the accused should be acquitted. In other words, once the offences have been compounded and the requisite permission is granted b