Case Note & Summary
The case involves two criminal appeals filed by the appellants against their conviction for offences under Sections 326, 324, 323, 504, and 114 of the Indian Penal Code (IPC). The appeals arose from a judgment of the trial court. The main accused, who caused grievous injury, had died and his appeal abated. The remaining appellants were convicted. After about 20 years, the parties entered into a compromise. The complainant, Sumitraben Shanubhai Tadvi, appeared in court and presented a settlement drawn between herself, the victims (her father and husband), and the appellants. The complainant stated that her father, the injured victim, was now over 80 years old and could not travel, and that she had no grievance against the remaining appellants. The parties were all residents of the same village and had been living peacefully. The court considered the compromise and the fact that the injured victims no longer supported the prosecution. The court held that in the interest of justice, the appeals should be allowed and the conviction set aside. The court acquitted the appellants of all charges.
Headnote
A) Criminal Procedure Code - Compromise in Non-Compoundable Offences - Section 320 CrPC - Inherent Powers - The court considered whether a compromise reached between the parties after conviction could be a ground to set aside the conviction for offences under Sections 326, 324, 323, 504, 114 IPC, which are not compoundable under Section 320 CrPC. The court held that in the interest of justice and considering the long passage of time, the settlement, and the fact that the injured victims no longer support the prosecution, the appeals are allowed and the conviction is set aside. (Paras 1-6) B) Indian Penal Code, 1860 - Grievous Hurt - Section 326 IPC - Compromise - The court noted that the main accused who caused grievous injury had died and his appeal abated. The remaining appellants were convicted under Section 326 read with 114 IPC. The court allowed the appeals based on the compromise, observing that the parties have been residing peacefully in the same village and the settlement was genuine. (Paras 3-6)
Issue of Consideration
Whether criminal appeals against conviction for offences under Sections 326, 324, 323, 504, 114 IPC can be allowed on the basis of a compromise between the parties, given that the offences are not compoundable under Section 320 CrPC.
Final Decision
The appeals are allowed. The impugned judgment and order of conviction and sentence are set aside. The appellants are acquitted of all charges. Bail bonds, if any, stand cancelled. R & P, if any, be sent back to the trial court.
Law Points
- Compromise in non-compoundable offences
- Section 320 CrPC
- Inherent powers under Section 482 CrPC
- Quashing of criminal proceedings on settlement
- Grievous hurt under Section 326 IPC
