Case Note & Summary
The case involves two criminal appeals filed by the appellants against the order of the Additional Sessions Judge, Washim, refusing to quash FIR No. 148/2019 registered at Police Station Washim (Rural) for offences under Sections 326, 324, 323, 504, 506 read with Section 34 of the Indian Penal Code. The dispute arose between the appellants and respondent No. 2 (the complainant) over a trivial issue, leading to a scuffle in which the complainant sustained injuries. During the pendency of the appeals, the parties entered into a compromise and filed a joint application before the trial court. The trial court rejected the application on the ground that the offence under Section 326 IPC is non-compoundable. The appellants then approached the High Court seeking quashing of the FIR and criminal proceedings. The High Court, after hearing the parties, noted that the dispute was private in nature and the parties had amicably settled their differences. The court observed that the complainant did not wish to pursue the case and that the chances of conviction were bleak. Relying on the inherent powers under Section 482 of the Code of Criminal Procedure, the court held that it could quash proceedings even for non-compoundable offences to secure the ends of justice. The court accordingly allowed the appeals, quashed the FIR and all consequential proceedings, and set aside the trial court's order.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Compromise in Non-Compoundable Offences - Sections 482, 320 CrPC - The court considered whether proceedings under Section 326 IPC (voluntarily causing grievous hurt by dangerous weapons) can be quashed on the basis of a compromise between the parties. Held that though Section 326 IPC is non-compoundable, the High Court can exercise inherent powers under Section 482 CrPC to quash proceedings to secure the ends of justice, especially when the dispute is private and the parties have settled. (Paras 5-8) B) Indian Penal Code - Voluntarily Causing Grievous Hurt - Section 326 IPC - The offence under Section 326 IPC is non-compoundable under Section 320 CrPC. However, the court held that the High Court's inherent powers under Section 482 CrPC are not curtailed by Section 320 CrPC and can be invoked to quash proceedings in appropriate cases. (Paras 5-8) C) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - The court held that the High Court can quash criminal proceedings for non-compoundable offences if the parties have genuinely settled the dispute and the chances of conviction are bleak, relying on the principle that the ends of justice are served by quashing. (Paras 5-8)
Issue of Consideration
Whether criminal proceedings for non-compoundable offences under Section 326 IPC can be quashed on the basis of a compromise between the parties.
Final Decision
The appeals are allowed. The order dated 06/03/2020 passed by the Additional Sessions Judge, Washim is set aside. FIR No. 148/2019 registered at Police Station Washim (Rural) and all consequential proceedings are quashed.
Law Points
- Compromise in non-compoundable offences
- Inherent powers under Section 482 CrPC
- Quashing of criminal proceedings
- Section 326 IPC
- Section 324 IPC
- Section 323 IPC
- Section 504 IPC
- Section 506 IPC
