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PANKAJ BHANDARI
Laxmi Narayan – Appellant
Versus
Satate of Rajasthan – Respondent
JUDGMENT
1. Petitioners have preferred this misc petition praying therein that the compromise may be attested and the petitioners be acquitted for offence under Sections 326 & 326/34 of IPC.
2. It is contended by counsel for the accused-petitioners that there was a cross FIR filed way back in October, 2000. In cross FIR, compromise was arrived at and the proceedings were dropped. In the present FIR also, compromise arrived at between the parties and the same was produced before the Court below and Court has compounded the offence under Section 323, 341 & 323/34 is of IPC, but as the offence under Sections 326 & 326/34IPC were non-compoundable, the same were not compounded. The Trial Court has convicted the present appellants. It is also contended that the appeal against the said judgement and sentence is pending before the Additional Sessions Judge No. 1, Hindaun City, District Karauli (Raj.)
3. Counsel for the petitioner has placed reliance on Ramgopal & Anr. Vs The State of Madhya Pradesh, Criminal Appeal No.1489/2012 which was decided by the Apex Court.
4. Complainant alongwith his counsel and injured are present in Court and they have not disputed the fact that parties have entered
The High Court can compound non-compoundable offences under its inherent powers when it serves the ends of justice and promotes societal harmony.
The High Court can quash convictions for non-compoundable offences when the parties have amicably settled their disputes, preserving justice and social harmony.
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Point of Law : Quash of Criminal proceedings - Where there is a genuine compromise and there is hardly any likelihood of the offender being convicted and continuance of the proceedings, after the com....
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.....
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