Madhya Pradesh High Court
Haricharan vs The State Of Madhya Pradesh on 20 January, 2023
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 20 th OF JANUARY, 2023
CRIMINAL APPEAL No. 8092 of 2021
BETWEEN:-
1. HARICHARAN S/O GAURILAL LODHI, AGED
ABOUT 40 YEARS, OCCUPATION: AGRICULTURE
VILL-LODHIPURA P.S. PACHORE (MADHYA
PRADESH)
2. CHANSINGH S/O GAURILAL LODHI, AGED ABOUT
32 YEARS, OCCUPATION: AGRICULTURE VILLAGE
LODHIPURA P.S. PACHORE, (MADHYA PRADESH)
3. DEVKARAN S/O PANNALAL LODHI, AGED ABOUT
40 YEARS, OCCUPATION: AGRICULTURE VILLAGE
LODHIPURA P.S. PACHORE, (MADHYA PRADESH)
4. BHAGWATIBAI W/O HARICHARAN LODHI, AGED
ABOUT 37 YEARS, OCCUPATION: AGRICULTURE
VILLAGE LODHIPURA P.S. PACHORE, (MADHYA
PRADESH)
5. KALLOBAI W/O CHANSINGH LODHI, AGED
ABOUT 30 YEARS, OCCUPATION: AGRICULTURE
VILLAGE LODHIPURA P.S. PACHORE, (MADHYA
PRADESH)
.....APPELLANT
(SHRI MANISH YADAV, LEARNED COUNSEL FOR THE APPELLANTS)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THR. P.S. PACHORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI GOVIND RAI PUROHIT APPEARING ON BEHALF OF ADVOCATE
GENERAL/STATE & SHRI AMAN SONI, LEARNED COUNSEL FOR THE
RESPONDENT [COMP].
T h is appeal coming on for orders this day, t h e cou rt passed the
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 1/20/2023
5:34:28 PM
2
following:
JUDGEMENT
The present appeal is filed under section 374(2) Cr.P.C. being aggrieved
b y the judgment dated 16.12.2021 passed in S.T.No.305/2014 convicting the
accused under section 452, 326/34 IPC and sentenced to undergo RI for 03
months and 03 years respectively each years with fine of Rs.500/- and 1500/-
each and in default of fine, to further undergo RI for one month and six months.
On behalf of the appellants as well as the complainant, an application
under Section 320(5) of Cr.P.C. for permission to compound the case has been
filed.
Learned counsel for the appellants submits that though the application for
compounding the case was filed during trial, but the learned trial Court did not
accept it because the offence under Section 326 of IPC was non-
compoundable.
It is also submitted that the incident had taken place in the year 2014 and
the appellants were on bail during trial as well as during pendency of the appeal,
they did not misuse the liberty and they maintain good record and cordial
relations with the complainant during this period. Therefore, it is prayed that
appellants may be acquitted from the charges on the basis of the compromise
between the appellants and the complainant.
Counsel for the State submits that the offence under Section 326 of IPC
is non-compoundable.
In view of the above, it would be apposite to survey the law in respect of
compounding in non-compoundable case. The Apex Court in the case of Gian
Singh Vs. State of Punjab and Anr. reported in (2012) 10 SCC 303 after
considering the the provisions of section 320 and 482 of the Cr.P.C held that
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 1/20/2023
5:34:28 PM
the compounding can he permitted in a non-compoundable offence. Relevant
part of the order of the order reads as under :-
"Quashing of offence or criminal proceedings on the ground
of settlement between an offender and victim is not the same
thing as compounding of offence. They are different and not
interchangeable. Strictly speaking, the power of compounding
of offences given to a court under Section 320 is materially
different from the quashing of criminal proceedings by the
High Court in exercise of its inherent jurisdiction. In
compounding of offences, power of a criminal court is
circumscribed by the provisions contained in Section 320 and
the court is guided solely and squarely thereby while, on the
other hand, the formation of opinion by the High Court for
quashing a criminal offence or criminal proceeding or
criminal complaint is guided by the material on record as to
whether the ends of justice would justify such exercise of
power although the ultimate consequence may be acquittal or
dismissal of indictment.
B.S.Joshi, Nikhil Merchant, Manoj Sharma and Shiji do
illustrate the principle that the High Court may quash criminal
proceedings or FIR or complaint in exercise of its inherent
power under Section 482 of the Code and Section 320 does
not limit or affect the powers of the High Court under Section
482. Can it be said that by quashing criminal proceedings in
B.S.Joshi, Nikhil Merchant, Manoj Sharma and Shiji this
Court has compounded the non-compoundable offences
indirectly? We do not think so. There does exist the
distinction between compounding of an offence under Section
320 and quashing of a criminal case by the High Court in
exercise of inherent power under Section 482. The two
powers are distinct and different although the ultimate
consequence may be the same viz. acquittal of the accused or
dismissal of indictment."
In a subsequent order, in the case of Narinder Singh and Ors Vs. State
of Punjab and Anr. passed in Criminal Appeal No.686/2014 dated 27.03.2014
after relying on the judgment passed in the case of Gian Singh (supra), the Apex
Court permitted the compounding in a non-compoundable case and quashed
the criminal proceedings.
In the case of Daxaben vs. State of Gujarat (Arising out of SLP (Crl.)
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 1/20/2023
5:34:28 PM
No.1132-1155 of 2022), the Apex Court held that the inherent power of the
High Court under Section 482 of the Cr.P.C. is wide and can even be exercised
to quash criminal proceedings relating to non-compoundable offences, to
secure the ends of justice or to prevent abuse of the process of Court. Where
the victim and offender have compromised disputes essentially civil and
personal in nature, the High Court can exercise its power under Section 482 of
the Cr.P.C. to quash the criminal proceedings.
In the case of Yogendra Yadav & Ors. vs. The State of Jharkhand &
Anr. AIR 2015 SC (Criminal) 166, the Apex Court held as under:-
"Needless to say that offences which are non-compoundable
cannot be compound by the Court. Courts draw the power of
compounding offences from Section 320 of the Code. The
said provision has to be strictly followed (Gian Singh V. State
of Punjab). However, in a given case, the High Court can
quash a criminal proceeding in exercise of its power under
Section 482 of the Code having regard to the fact that the
parties have amicably settled their disputes and the victim has
no objection, even though the offences are noncompoundable.
In which cases the High Court can exercise its discretion to
quash the proceedings will depend on facts and circumstances
of each case. Offences which involve moral turpitude, grave
offences like rape, murder etc. cannot be effaced by quashing
the proceedings because that will have harmful effect on the
society. Such offences cannot be said to be restricted to two
individuals or two groups. If such offences are quashed, it may
sent wrong signal to the society. However, when the High
Court is convinced that the offences are entirely personal in
nature and, therefore, do not affect public peace or tranquility
and where it feels that quashing of such proceedings on
account of compromise would bring about peace and would
secure ends of justice, it should not hesitate to quash them. In
such cases, the prosecution becomes a lame prosecution.
Pursuing such a lame prosecution would be waste of time and
energy. That will also unsettle the compromise and obstruct
restoration of peace."
In Yogendra Yadav's case (supra), charges were under Sections 307
& 326 IPC. The apex Court was of the view that the High Court could have
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 1/20/2023
5:34:28 PM
exercised its jurisdiction under Section 482 of Cr.P.C. because parties have
amicably settled the dispute and the case did not pertain to an offence of moral
turpitude or grave offences like rape, murder etc.
In the case of Ramgopla & Anr. vs. State of MP (Criminal Appeal
No.1489/2012, decided on September 29, 2021), the Apex Court held in
para12 as under:-
''12. The High Court, therefore, having regard to the nature of
the offence and the fact that parties have amicably settled
their dispute and the victim has willingly consented to the
nullification of criminal proceedings, can quash such
proceedings in exercise of its inherent powers under Section
482 Cr.P.C., even if the offences are non compoundable. The
High Court can indubitably evaluate the consequential effects
of the offence beyond the body of an individual and therefore,
adopt a pragmatic approach, to ensure that the felony, even if
goes unpunished, does not tinker with or paralyze the very
object of the administration of criminal justice system.''
In the case of State of M.P. vs. Laxmi Narayan (2019) 5 SCC 688, a
Three Judge Bench of the Apex Court discussed the earlier judgments of the
Apex Court and laid down the principles in para-15. The relevant para-15.1 &
15.2 are reproduced as under:-
''15.1 That the power conferred under Section 482 of the
Code to quash the criminal proceedings for the non-
compoundable offences under Section 320 of the Code can be
exercised having overwhelmingly and predominantly the civil
character, particularly those arising out of commercial
transactions or arising out of matrimonial relationship or
family disputes and when the parties have resolved the entire
dispute amongst themselves;
15.2. Such power is not to be exercised in those prosecutions
which involved heinous and serious offences of mental
depravity or offences like murder, rape, dacoity, etc. Such
offences are not private in nature and have a serious impact on
society;''
In the case of Jaswant Singh vs. State of Punjab & Anr. , Criminal
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 1/20/2023
5:34:28 PM
Appeal No.1233 of 2021 (Arising out of SLP (Crl.) No.7072 of 2021 decided
on 20.10.2021), the Apex Court held in para 61 that criminal cases having
overwhelmingly and predominatingly civil flavour stand on a different footing
for the purposes of quashing, particularly the offences arising from commercial,
financial, mercantile, civil, partnership or such like transactions or the offences
arising out of matrimony relating to dowry, etc. or the family disputes where the
wrong is basically private or personal in nature and the parties have resolved
their entire dispute, the proceedings can be quashed in exercise of the powers
under Section 482 of the Cr.P.C. in non-compoundable cases on the basis of
compounding.
In light of the aforesaid judgments, facts of the case are examined and it
is found that the incident had taken place in the year 2014 and the appellants
have maintained good record during trial and appeal. Considering the nature of
offence and the fact that the appellants and the complainant are members of
same family and they are living peaceful lives and appellant no.4 and 5 are
female of their family and both the parties have compromised the case, the
appeal is partly allowed and the appellants are acquitted from the charges
aforesaid on the basis of compromise arrived at between the parties.
With the aforesaid, the appeal stands disposed off.
Pending applications, if any, also also stands closed.
Certified copy, as per rules.
(VIJAY KUMAR SHUKLA)
JUDGE
amit
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 1/20/2023
5:34:28 PM
