COMPROMISE SHALL NOT LEAD TO QUASHING OF A CONVICTED MATTER - SUPREME COURT Where the conviction is already recorded by the trial court and the matter is at the appellate stage, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court. Moreover, offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore is to be generally treated as crime against the society and not against the individual alone and are not to be quashed merely on the basis of compromise between the victim and the offender. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307 IPC. Serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are private in nature and have a serious impact on society. Similarly, for offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. On the other, those criminal cases having overwhelmingly and pre-dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. CRIMINAL APPEAL NO.686/2014 DECIDED ON MARCH 27. 2014
Posted on: Sun, 30 Mar 2014 12:36:25 +0000
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