Brief Facts
- The appellants were convicted under Sections 323, 324, and 325 IPC, and their conviction was upheld by the High Court. During appeal, they produced a family compromise deed showing that the dispute with their relatives had been amicably settled with unconditional apology.
- The Appellant prayed for compounding the offences based on the Compromise.
Issues
- Whether offences under Sections 323, 324, and 325 IPC, of which Section 324 IPC is non-compoundable,can be settled through compromise between parties?
Held
- Supreme Court noted that while Section 324 IPC is non-compoundable, it could invoke its extraordinary powers under Article 142 of the Constitution to do complete justice. Considering the minor nature of the incident, family relationship, and voluntary compromise, the Court set aside the conviction. The findings of the Court are as under:
- Courts cannot grant permission to compound the non compoundable offences, on the basis of any sort of compromise between the parties, as it would be contrary to what has been provided by legislation, except the High Court under Section 482 of Cr.PC and the Apex Court in exercise of its powers under Article 142 of the Constitution of India.
- In a series of other cases, considering that the incident occurred between relatives and the incident is of such a nature which did not have much impact on society, this Court had set aside the conviction by invoking its power under Article 142 of the Constitution in matters involving non-compoundable offences.
- However, this is to be done only in exceptional cases after considering various factors including the nature of injuries, relation between parties and the impact of crime on society, etc.
Relevant Para No.
- 6