Ss. 320 and 482— Compromise arrived at between the accused and the victim

Ss. 320 and 482— Compromise arrived at between the accused and the victim  In this case, Hon’ble Supreme Court held that as opposed to Section 320 Cr.P.C. 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 482 Cr.P.C. or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, it is reiterated that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind:  

(i) Nature and effect of the offence on the conscious of the society;  

(ii) Seriousness of the injury, if any;  

(iii) Voluntary nature of compromise between the accused and the victim; &  

(iv) Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations. 

Case Law:

Ramgopal vs. State of M.P., 

Citation:

2022 (118) ACC 318