INTRODUCTION :
The judgment dated on 7 January, 2025 gave a significant order stating the offence under section 326 of IPC is compoundable in certain exceptional circumstances. Generally, section 326 of IPC is non-compoundable that is not settled by the parties mutual understanding or through compromise. Section 326 IPC which deals with voluntarily causing grievous hurt by the dangerous weapons and means. The main motive behind the supreme court order passed by excising the inherent power conferred under article 142 of constitution of India is to ensure social harmony and enhance reconciliation.
BACKGROUND :
This order is passed in the case law of H. N. PANDA KUMAR v. THE STATE OF KARNATAKA., MISCELLANEOUS APPLICATION NO. 2667 OF 2024 where the complainant filed a case against the accused that is PandaKumar stating the accused along with other persons have formed an unlawful assembly and assaulted, harmed the family members of the complainant. The trial court convicted the accused under section 326 of IPC for causing grievous hurt with a dangerous weapon and sentenced to two years imprisonment with 2000 rupees fine. Subsequently, the Karnataka high court confirmed the order but reduced the sentence of imprisonment from two years to one year and increased the fine amount from 2000 to 2,00,000. Later, the accused filed a special leave petition (SPL) before the supreme court which was dismissed by the court.
After the dismissal of special leave petition (SPL) the accused (applicant/petitioner) filed a miscellaneous application as the both the parties have amicably ready to settle the matter by going in compromise. The accused (applicant / petitioner) agreed to pay rupees 5,80,000 extra to the fine amount. The complainant also agreed and filed an interlocutory application by confirming the compromise.
KEY POINTS :
Ratio decidendi
The factors that are considered in arriving at this conclusion is that the parties of the case are living in a very close proximity that the one road is separating their house to maintain a peaceful environment and relations to live. The parties are distantly related to each other, not to break the family ties and to protect the future generations from being disputing with each other. Through this compromise it not only solves the issue of criminal act but also the property dispute that has been there for a very long time so this compromise acts as the comprehensive settlement.
Non compoundable offence: The section 326 of IPC is non-compoundable that is not settled by the parties mutual understanding or through compromise. Section 326 IPC which deals with voluntarily causing grievous hurt by the dangerous weapons and means. But through this judgment it act as the precedent that non compoundable offences can be compoundable in certain circumstances
Inherent power of the supreme court: The main motive behind the judgment is to enhance the social harmony and reconciliation when both the parties to the case are ready to settle the dispute amicably the court should not be the barrier to solve the dispute at the earliest. Ultimately the purpose of justice is served at the earliest.
RECENT DEVELOPMENT:
The case H. N. PANDA KUMAR v. THE STATE OF KARNATAKA order by the supreme court acts as the precedent to all the future cases of non-compoundable offence being compounded if the parties to the case are voluntarily ready to compromise. The ultimate purpose of the justice system is to bring justice to the concerned parties at the earliest through this judgment it is being satisfied.
CONCLUSION :
The miscellaneous petition filed by the applicant is allowed and court order compromise of the offence under section 326 of IPC which is non compoundable offence. The supreme court reviewed the order of dismissal imposed on the special leave petition filed by the accused (applicant / petitioner). By exercising the inherent power of the supreme court the court promoted social harmony and the importance of the art of reconciliation.
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WRITTEN BY: MUTHULAKSHMI B
