Case Note & Summary
The appellant, Chandu alias Ramchandra s/o Vishwanath Pimpalkar, was convicted by the 4th Additional Sessions Judge, Chandrapur, for an offence punishable under Section 307 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for two years and a fine of Rs. 1000. The appellant appealed against this conviction before the Bombay High Court, Nagpur Bench. During the pendency of the appeal, the complainant, Sampat Ankush Madavi, filed an affidavit dated 04.09.2017 stating that the parties and their families had reconciled all differences, enjoyed good relations, and prayed for quashing of the criminal proceedings. The appellant and complainant were present in court, and the appellant's counsel confirmed the complainant's identity. The learned Additional Public Prosecutor argued that the conviction could not be quashed even under Section 482 of the Code of Criminal Procedure (CrPC) since the offence under Section 307 IPC is not compoundable even with the permission of the court. However, the appellant's counsel relied on the Supreme Court judgment in Manohar Singh vs. State of Madhya Pradesh (2014) 13 SCC 75, particularly paragraph 8, which held that even though an offence is non-compoundable, the High Court can exercise its inherent powers under Section 482 CrPC to quash proceedings in the interest of justice when parties have settled. The court accepted this argument and, considering the settlement and the fact that the parties had been living in harmony, quashed the conviction and sentence, allowing the appeal and acquitting the appellant.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Compromise - The appellant was convicted under Section 307 IPC for attempt to murder. During appeal, parties settled differences and complainant filed affidavit seeking quashing. The court held that although Section 307 IPC is non-compoundable, inherent powers under Section 482 CrPC can be invoked to quash proceedings in the interest of justice, relying on Manohar Singh vs. State of MP. (Paras 1-8) B) Criminal Procedure - Inherent Powers - Section 482 Code of Criminal Procedure, 1973 - Quashing of Non-Compoundable Offence - The court considered whether a conviction for a non-compoundable offence can be quashed on compromise. Relying on Supreme Court precedent, the court held that in appropriate cases, to secure the ends of justice, the High Court may quash proceedings even for non-compoundable offences when parties have amicably settled. (Paras 5-8)
Issue of Consideration
Whether a conviction under Section 307 of the Indian Penal Code, which is non-compoundable, can be quashed on the basis of a compromise between the parties.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Compromise in non-compoundable offences
- Inherent powers under Section 482 CrPC
- Quashing of conviction on settlement
- Section 307 IPC non-compoundable
- Precedent Manohar Singh vs. State of MP
