The court may quash convictions for non-compoundable offences if justice requires it and the conditions under Section 482 Cr.P.C are satisfied.

ORDER

This revision petition has been filed challenging the conviction and sentence of the petitioner under Sections 341 , 323 and 324 of IPC .

2. The petitioner was the accused in C.C.No.87/2018 on the files of the Judicial First Class Magistrate Court-I, Thamarassery (for short, the trial court). He faced trial for the offences punishable under Sections 341 , 323 and 324 of the IPC .

3. The prosecution case in short is that on 4.8.2017 at 21.15 hours, PW1 and PW2 were going to their house at Vanakkav in an autorikshaw. When they reached Kanjamvayal, the motor cycle driven by PW3 which came from the opposite side fell by hitting on a hump and when PW1 and PW2 stopped the autorikshaw to help PW3, the accused who was standing there watching the incident came and beat PW3 on his face. When the accused again tried to beat PW3, PW2 prevented it and then the accused caught hold of the collar of the shirt of PW2, beat him on his neck and when PW1 tried to prevent it, the accused caught hold of the shirt of PW1 also and beat on his face. Thereafter, the accused beat PW1 and PW2 with a stick and thereby committed the offences.

4. After trial, the trial court found the petitioner guilty for the offences punishable under Sections 341 , 323 and 324 of the IPC and he was convicted and sentenced for the said offences. The petitioner challenged the conviction and sentence of the petitioner before the IV Additional Sessions Court, Kozhikode (for short, the appellate court) in Crl.A.No.215/2021. The appellate court dismissed the appeal.

5. The respondent Nos. 2 and 3 are the defacto complainant and one of the injured respectively. Before this Court a compounding petition has been filed between the petitioner and the respondent Nos. 2 and 3 as Crl.M.A.No.3/2025. In the compounding petition it is stated that the matter has been settled between the parties amicably. Both counsel also submits that the matter has been amicably settled between the parties. The respondent Nos. 2 and 3 do not want to proceed with the matter any further. I am satisfied that the composition is voluntary. However, the offence under Section 324 of the IPC is not compoundable.

6. This Court in Soban v. State of Kerala (2021 (3)

KHC 383) has held that if requirements of Section 482 of Cr.P.C were satisfied in the sense that it was necessary to prevent abuse of the process of any court or to secure the ends of justice, criminal proceedings involving non compoundable offence could be quashed notwithstanding the fact that the order of conviction was already passed against the accused provided the offence in question does not fall in the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court inGian Singh v. State of Punjab [2012 (4) KLT 108(SC)],Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] .

7. The offences in question do not fall in the category of offences prescribed in the above three cases. Keeping in view the nature and gravity of the offences and the facts and circumstances of the case, I am of the view that the conviction and sentence passed against the petitioner in C.C.No.87/2018 on the files of the trial court and confirmed by the appellate court in Crl.A.No.215/2021 can be set aside in view of the compromise arrived at between the parties to secure the ends of justice. In the result, Crl.M.A.No.3/2025 is allowed. The conviction and sentence against the petitioner vide the impugned judgments are set aside. The Crl.R.P is disposed of as above.