Compromise at appellate stage may justify acquittal in a Section 326 IPC matter when settlement is voluntary and accepted.

A compromise reached at the appellate stage may justify interference with a conviction under Section 326 IPC where the settlement is voluntary, affirmed by the complainant, and not opposed by the State. The stated principle is that, in such circumstances, the appellate court may treat the compromise as serving the ends of peace between the parties and may set aside the conviction and sentence, resulting in acquittal.

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Issues: Whether the conviction for an offence under Section 326 of the Indian Penal Code, 1860 could be set aside and the appellant acquitted in view of the compromise arrived at between the parties at the appellate stage.

Analysis: The parties placed the compromise on record, the complainant affirmed settlement by affidavit, and the State did not file any reply opposing the compromise. Reliance was placed on earlier decisions permitting compounding of the offence under Section 326 of the Indian Penal Code, 1860 at the appellate stage where such settlement would promote peace between the parties. In those circumstances, the compromise was treated as sufficient basis to interfere with the conviction.

Conclusion: The appeal was accepted, the judgment of conviction and sentence was set aside, and the appellant was acquitted in view of the compromise.

Ratio Decidendi: An appellate court may set aside a conviction for an offence under Section 326 of the Indian Penal Code, 1860 and acquit the accused where the parties have voluntarily compromised and the settlement is accepted as serving the ends of peace between them.

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