Compounding of an offence under Section 326 IPC is not allowed, but inherent powers can be invoked to quash proceedings to meet the ends of justice.

ORDER

The main prayer in this Crl.M.C filed under Section 482 Cr.P.C by the accused in CC No.553/1998 of the Judicial First Class Magistrate Court, Kunnamangalam, who suffered conviction for the offence under Section 326 IPC, which was upheld in the appeal, and finally in revision by this Court, is as follows:

“(i) To acquit the petitioner taking note of the compounding of the offence with the injured witnesses as evidenced by Annexure A5 and A7 to A10 affidavits sworn to by them by invoking powers under Section 528 of BNSS”

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

3. At the outset, it has to be stated that there cannot be a compounding of the offence under Section 326 IPC as per law. However, in appropriate cases this Court could exercise its inherent powers to quash the proceedings if it is found to be necessary to meet the ends of justice. As far as the present case is concerned, the conviction of the petitioner has been upheld by this Court as per order dated 29.10.2025 in Crl.R.P No.679/2007. The sentence imposed upon the petitioner by the courts below was reduced by this Court to Simple Imprisonment for three months and fine Rs.5000/- for the reasons stated in the aforesaid order in revision. Now, the petitioner wants to alter and modify the aforesaid order stating that the issue has been subsequently settled between the parties.

4. Section 362 Cr.P.C (now Section 403 of BNSS) states as follows:

“362. Court not to alter judgment Save as otherwise provided by this Code or by any other law for the time being in force, no court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.”

5. Since this Court has passed the final order in Crl.R.P No.679/2007, the modification or alteration of the aforesaid order is possible only for correction of clerical or arithmetical error. The powers under Section 482 Cr.P.C cannot be invoked to nullify a final order passed by this Court in exercise of its powers under Section 397 Cr.P.C, taking note of the subsequent settlement of the issue between the parties.

Therefore, the prayer of the petitioner in the above regard is prima facie unsustainable.

The petition is accordingly dismissed.

Sd/-