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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
State Of Rajasthan, Through Pp – Appellant
Versus
Dinesh S/o Shyama Maida – Respondent
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
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.....
The main legal point established is that post-conviction compromises, if voluntary and not coerced, can justify quashing of convictions and proceedings to secure the ends of justice.
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 ....
The court affirmed that compromises post-conviction do not automatically quash convictions for non-compoundable offenses, but may be considered in appeals.
Non-acceptance of compromise would also lead to denial of complete justice which is very essence of our justice delivery system.
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....
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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