The court permitted the compounding of offences under Sections 341, 354, and 323 of the IPC, setting aside convictions when the parties reached an amicable settlement and the victim consented, prioritizing peaceful co-existence.

ORDER

1. RULE. Learned advocates waive service of Rule on behalf of the respective respondents.

1.1 The challenge has been given to the order of conviction passed under Sections 341, 354, 323 read with Section 114 of the Indian Penal Code (for short, ‘IPC’). The order of the learned Judicial Magistrate First Class, Balasinor in Criminal Case No.609 of 2004 was affirmed by the learned 2nd Additional Sessions Judge, Nadiad on 04.03.2010 in Criminal Appeal No.06 of 2009.

2. Section 320 of the Code of Criminal Procedure (for short, ‘Cr.PC’) was amended with effect from 31.12.2009. Prior to that, Section 354 of the IPC was at the instance of the woman who was assaulted to whom criminal force was made compoundable. Section 341 is for wrongful restraint and Section 323 is a compoundable offence.

3. Learned Advocate Mr. Krishnan Ghavariya relying on the affidavit of the victim-lady has submitted that the dispute has been resolved amicably and that original complainant has now passed away. The internal grievance of the family has been resolved. Advocate Mr. Ghavariya has also placed an affidavit of Mr. Mahendrabhai Ramanbhai Mahera, who is the brother of the victim-lady and affidavit of Mr. Shailesh Ramanbhai Mahera, who is the brother-in-law of the victim-lady and the affidavit of the injured person has also been produced. All the affidavits consistently states that the matter has been resolved.

4. Learned Advocate Mr. Ghavariya has also placed reliance on the case of Bharti vs. State of Haryana and Anr. in Criminal Appeal No.509 of 2014 of the Hon’ble Supreme Court to submit that in the interest of the parties, the Hon’ble Apex Court had permitted compounding the offence though it was noted under Section 354 of the IPC that it was non-compoundable.

5. Learned APP Mr. Hardik Soni has raised objection to the settlement stating that it is a grievous offence and should not be condoned as it is against a woman who was mis-handled and is an offence against the dignity of a woman.

6. Having noticed the fact that the offence is dated 08.04.2004, Section 320 of the Cr.PC permitted the victim-lady so assaulted to compound the offence and when the victim-lady has given her consent for settling the issue and sought permission for compounding the same and her brother and brother-in-law also have affirmed for settling the dispute which does not appear to be on record a major dispute and when it is a compoundable offence and for peaceful co-existence of all the persons and as the victim-lady is a married woman, the permission sought for compounding the offence is granted.

7. In aforesaid view of the matter, the judgment and order passed by the learned Trial Court in Criminal Case No.609 of 2004 dated 17.02.2009, which was affirmed by the judgment and order passed by the learned Appellate Court in Criminal Appeal No.6 of 2009 dated 04.03.2010, are quashed and set aside. All the three applicants stands acquitted of all the charges.

8. Accordingly, the present application is allowed in the above terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.