Top
Begin typing your search above and press return to search.
News Updates

Criminal Proceedings Can Be Quashed At Post-Conviction Stage Invoking Power U/S 482 CrPC Upon Settlement Between Victim & Convict: Kerala High Court

LIVELAW NEWS NETWORK
28 April 2021 11:58 AM GMT
Thattekkadu Capsize
x

Criminal proceedings involving non-compoundable offence can be quashed at post-conviction stage invoking the power under Section 482 of the Code of Criminal Procedure upon a settlement between the convict and the victim, the Kerala High Court held.

"If requirements of S.482 of Cr.P.C were satisfied in the sense that it was necessary to prevent abuse of the process of any Court or to secure the ends of justice, the criminal proceedings involving non-compoundable offence could be quashed notwithstanding the fact that the order of conviction was already passed against the accused provided offence in question does not fall in the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court.", Justice Kauser Edappagath observed. The court added that there cannot be limitation on such powers for being exercised only prior to conviction of an accused

In this case, the accused were convicted for the offences punishable under Sections 143, 147, 149, 326, 307 r/w 149 of Indian Penal Code. When the appeal came up for final hearing, the accused filed an application under Sections 482 and 320 of Cr.P.C. to quash the entire proceedings and to set aside the conviction and sentence on the ground that the entire dispute has been settled between him and the victim. According to the applicant, Section 482 CrPC power can be exercised for quashing the criminal proceedings of any kind whether compoundable or non-compoundable at any time, even at post-conviction stage, when the convict and the victim had arrived at a settlement.

Agreeing with this submission, the court observed that the inherent power u/s 482 for quashing criminal proceedings being of a wide magnitude for being exercised with the object of securing the ends of justice, there cannot be limitation on such powers for being exercised only prior to conviction of an accused.

"Merely because the order of conviction was pending adjudication at the appellate or revisional stage, the same could not be a ground for refusing to exercise powers u/s 482 of Cr.P.C. to quash the criminal proceedings especially when the parties to the dispute had arrived at a settlement. Hence, I hold that if requirements of S.482 of Cr.P.C were satisfied in the sense that it was necessary to prevent abuse of the process of any Court or to secure the ends of justice, the criminal proceedings involving non-compoundable offence could be quashed notwithstanding the fact that the order of conviction was already passed against the accused provided offence in question does not fall in the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra).", the judge said.

The court noted that, in the instant case, the offence for which the accused was convicted does not involve offence of mental depravity or of heinous nature like rape, dacoity or murder. "It does not fall in the category of offences termed to be prohibited in the pronouncements of Apex Court to be compounded exercising power u/s 482 of Cr.P.C. The dispute appears to be personal in nature and the victim is no more interested in carrying on with the criminal proceedings.", the court said while quashing the criminal proceedings against the accused.

Case: Soban vs. State of Kerala [Crl.Appeal No.1587/2006]
Coram: Justice Kauser Edappagath
Counsel: Adv CP Udayabhanu, Adv Navneeth N Nath, for appellant, PP Udayakumar KB for State

Click here to Read/Download Judgment




Next Story
Share it