2024 (8) TMI 1681

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.... Mr. Satyajeet Kumar, AOR ORDER Leave granted. 2. The appellants have been convicted by the Trial Court under Sections 323, 324 and 325 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months, six months and one year for respective offences. Vide the impugned order dated 26.12.2023, Madhya Pradesh High Court disposed of the criminal appeal of appellants by maintaining their conviction and sentence as awarded by the Trial Court. 3. Now, the appellants have filed the present appeal stating that they have settled the dispute with the injured persons vide a Compromise Deed dated 29.01.2024 and thus, pray before us to grant permission for compounding the offence. The relevant p....

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....e this Court on 22.04.2024, we had directed the appellants to implead the injured persons as party respondents and thereafter, the impleaded private respondents were asked to file the affidavits regarding their stand on compounding of the offences. We have gone through the affidavits and found that since the appellants are the cousin of respondents no. 2 and 3 and have tendered an unconditional apology regarding the incident, these respondents have agreed to compound the offence. A similar stand has been taken by respondent no. 4, who is the uncle of the appellants. 5. As far as Sections 323 and 325 of the IPC are concerned, offences under these provisions are compoundable but the offence under Section 324 of the IPC is a non­compoun....

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....e offences, this Court in Ramgopal & Anr. v. State of M.P (2022) 14 SCC 531 observed as follows: "19. We thus sum up and hold that as opposed to Section 320CrPC where the Court is squarely guided by the compromise between the parties in respect of offences "compoundable" within the statutory framework, the extraordinary power enjoined upon a High Court under Section 482CrPC or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 CrPC. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind: 19.1. Nature and effect of the offence on the conscience of the socie....