Harsh Puri vs The State Of Madhya Pradesh
2023 Latest Caselaw 16924 MP

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                          IN THE HIGH COURT OF MADHYA PRADES
                                           H
                                     AT JABALPUR
                                                  BEFORE
                                  HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                        ON THE 11th OF OCTOBER, 2023
                                           CRIMINAL APPEAL No. 9669 of 2023

                          BETWEEN:-

                          HARSH PURI S/O SHRI OMPRAKASH PURI, AGED
                          ABOUT 21 YEARS, R/O BUDHWARA GAL
                          CHOURAHA ASHTA P.S. ASHTA DISTRICT
                          SEHORE (MADHYA PRADESH)
                                                                                         .....APPELLANT
                          (BY SHRI VIJAY SHUKLA - ADVOCATE )

                          AND

                          THE STATE OF MADHYA PRADESH THROUGH
                          POLICE STATION PARVATI DISTRICT SEOHRE
                          (MADHYA PRADESH)
                                                                                     .....RESPONDENTS
                          (BY SHRI SATYAPAL CHADAR - GOVERNMENT ADVOCATE)

                                 This appeal coming on for admission this day, the court passed

                          the following:

                                                           JUDGMENT

This appeal has been preferred against the judgment dated 01.07.2023

delivered in Sessions Trial No.116/2022 by the learned Second Additional

Sessions Judge, Ashta, District- Sehore by which the appellants was convicted

for an offence punishable under section 326/34 of IPC and sentenced to

undergo RI for 5 years and fine of Rs.2,000/- with default stipulations.

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11-Oct-23 4:15:41 PM

2. On 26.09.2023 the parties filed I.A. No.23246/2023 seeking permission to

compound the offence and dispose of the matter on the basis of compromise.

3. This Court on 27.09.2023 had directed that the parties shall appear before

the Registrar (J-II) for verification of compromise on the 03.10.2023. The

verification report was received on that date itself, in which it has been

certified that the parties have arrived at a compromise without any threat,

inducement or coercion and the compromise is voluntarily.

4. On the basis of that report, this Court is satisfied that the parties have

arrived at a compromise on their free-will and volition. The appellant was

convicted and sentenced for the offences punishable under section 326/34,

which is a non-compoundable offence.

5. Now, the question that arises for decision is whether permission to

compromise can be granted in a non-compoundable offence of Section 326 of

IPC. On this aspect, the legal position is settled by the decisions of Hon'ble

Supreme Court that inherent powers of Section 482 Cr.P.C. can be exercised

concurrently with the appellate and revisional jurisdiction and that while

hearing the appeal against conviction under an offence which is of non-

compoundable nature, the High Court may not be competent to permit

compounding of the offence, but High Court may quash the proceedings in

such cases. For this, decision in Popular Muthiah Vs. State represented by

Inspector of Police reported in 2006 (7) SC 296 and Shiji @ Pappu & others

Vs. Radhika & anr. reported in (2011) 100 SCC 705 (Criminal Appeal

No.2094/2011) can be referred to.

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11-Oct-23 4:15:41 PM

6. It has also been held in case of Shiji (supra) that the inherent powers under

Section 482 of Cr.P.C. have to be exercised with utmost care and caution and

only sparingly for securing the ends of justice. The matter in hand involves a

personal dispute and does not have the dimensions to affect the public interest.

Parties have amicably settled the matter between them. It can be apprehended

that if the dispute is allowed to linger on between them, it would disturb their

harmonious relationship and may become the cause of further rift. Looking to

the nature of dispute, it is deemed appropriate to invoke the inherent powers

under Section 482 of Cr.P.C. here. Accordingly, the conviction of appellant

under Section 326/34 of IPC is hereby quashed.

7. Accordingly, in the light of compromise and under the exercise of inherent

powers, this Court sets aside the impugned judgment of conviction and

sentence so far as it relates to appellant Harsh Puri and he is acquitted of the

charge of Section 326/34 of IPC.

8. He is in custody. He be released forthwith.

9. Fine amount, if any, paid by him shall be refunded to him.

10. Accordingly, this criminal appeal stands allowed and disposed of.

11. Let the copy of this order be sent to the concerned trial Court for necessary compliance.

(ANURADHA SHUKLA) JUDGE

DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11-Oct-23 4:15:41 PM