Safiya Malik

The Supreme Court of India has allowed a Miscellaneous Application seeking the compounding of an offense under Section 326 of the Indian Penal Code (IPC). The Court exercised its inherent powers, citing exceptional circumstances arising from a voluntary settlement reached between the petitioner and the complainant after the dismissal of a Special Leave Petition (SLP). While the conviction was upheld, the sentence was reduced to the period already undergone by the petitioner.

The case originated from a complaint filed in 2008 at K.R. Pete Rural Police Station, Mandya. The complainant alleged that the petitioner, along with others, formed an unlawful assembly and attacked the complainant and his family members, causing grievous injuries. Following the investigation, the petitioner and the co-accused were charged under multiple sections of the IPC, including Sections 143, 341, 504, 323, 324, 307, and 326 read with Section 149.

The Trial Court, after reviewing the evidence, convicted the petitioner and one co-accused under Section 326 read with Section 34 IPC. The petitioner was sentenced to two years of rigorous imprisonment and fined ₹2,000. The remaining accused were acquitted of all charges. Subsequently, the petitioner filed an appeal before the High Court of Karnataka. The High Court partially modified the Trial Court’s judgment, reducing the petitioner’s sentence to one year while enhancing the fine to ₹2,00,000. Dissatisfied with the High Court’s decision, the petitioner approached the Supreme Court through an SLP, which was dismissed in limine on January 19, 2024.

After the dismissal of the SLP, the petitioner filed the Miscellaneous Application, seeking relief for compounding the offense. The petitioner submitted that an amicable settlement had been reached with the complainant through the mediation of community elders. The settlement included the petitioner’s agreement to pay ₹5,80,000 as total compensation to the complainant. It was further submitted that the settlement also resolved property disputes between the families, including issues related to the right of way. Both parties affirmed the voluntary nature of the agreement and submitted that the resolution addressed the disputes between them

The complainant supported the petitioner’s Miscellaneous Application and filed an Interlocutory Application affirming the terms of the compromise. The complainant submitted that the agreement was reached in good faith and covered all disputes between the parties. Given the proximity of their residences and their distant familial ties, the complainant stated the importance of ensuring peaceful coexistence.

The Supreme Court noted that while Section 326 IPC is non-compoundable under the provisions of the Criminal Procedure Code, 1973, the voluntary and amicable nature of the settlement warranted the exercise of the Court’s inherent powers. The Court observed that the settlement was reached without coercion or undue influence and reflected the genuine intent of both parties to resolve their disputes amicably. The judgment stated: “The exceptional circumstances of this case, including the voluntary settlement between the parties, warrant the exercise of this Court’s inherent powers to give effect to the compromise.”

The Court recorded the complainant’s support for the settlement, observing that it reflected the voluntary nature of the agreement. The Court further observed that the resolution was comprehensive, ensuring closure of all disputes and fostering peace within the community.

Allowing the Miscellaneous Application, the Supreme Court recalled its earlier order dismissing the SLP and granted leave. While the conviction under Section 326 IPC was upheld, the sentence of one year of rigorous imprisonment was reduced to the period already undergone by the petitioner. The Court’s order also disposed of all pending applications, including the Interlocutory Application filed by the complainant.

Case Title: H.N. Pandakumar v. The State of Karnataka
Case Number: M.A. No. 2667 of 2024 in SLP(Crl.) No. 895 of 2024
Bench: Justice Vikram Nath, Justice Prasanna B. Varale

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