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.P.C.

Order :

MANOJ KUMAR GARG, J.

1.Instant criminal leave to appeal has been filed by the appellant-State under Section 398 Cr.P.C. challenging the judgment dated 29.06.2022 passed by learned Additional Sessions Judge, Banswara, in Sessions Case No.142/2021 (CIS No.142/2021) to the extent of acquittal of the accused-respondent from the offence under Section 324 IPC.

2. Brief facts of the case are that on 21.08.2021 complainant Jagdish submitted a written report at Police Station Kalinjara to the effect that on 20.08.2021, his cousin brother Dinesh assaulted Smt. Kaila (wife of Dinesh). She sustained multiple severe injuries. On the said report, Police registered a case against the accused-respondent and started investigation.

3. On completion of investigation, Police filed challan against the accused-respondent. Thereafter, the trial court framed the charges against the accused-respondent for offences under Sections 307, 323, 341, 324 IPC, who denied the same and claimed trial.

4. During the course of trial, the prosecution examined as many as nine witnesses and exhibited various documents. Thereafter, statement of accused respondent was recorded under section 313 Cr.P.C.

5. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 29.06.2022 acquitted the accused- respondent from offence under Section 307 IPC on the basis of benefit of doubt and from offences under Sections 341, 323, 324 IPC on the basis of compromise arrived at between the parties. Hence, this criminal leave to appeal on behalf of the state to the extent of acquittal of the accused-respondent from offence under Section 324 IPC on the basis of compromise.

6. Learned counsel for the appellant-complainant submits that the learned trial court has committed grave error in acquitting the accused-respondent from offence under Section 324 IPC on the basis of compromise as the said offence is not compoundable under the Act. To the limited extent, the impugned judgment deserves to be quashed and set aside.

7. Heard learned Public Prosecutor and perused the judgment passed by the trial.

8. Admittedly, the parties to the lis are family members and they have entered into a compromise. The question before this court is whether the court may allow the compromise between the parties where the alleged offences are non-compoundable in nature as per Section 320 of Cr.P.C.

9. 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 a