2008 (12) TMI 819 - HC - Indian Laws

Summary

Issues involved: Appeal against conviction and sentence under Sections 326 and 324 IPC, consideration of compromise between closely related parties, quashing of FIR and judgment u/s 482 Cr.P.C.

Judgment Summary:

Issue 1: Quashing of FIR and Judgment u/s 482 Cr.P.C.

The appeal was against the conviction and sentence of the appellants under Sections 326 and 324 IPC. During the appeal, the parties, being closely related, entered into a compromise supported by affidavits. The question was whether the FIR, judgment of conviction, and sentence could be quashed under Section 482 Cr.P.C. The Court referred to precedents stating that the power to compound can be exercised at the trial or appellate stage. The Court emphasized that the power under Section 482 Cr.P.C. is to prevent abuse of the process of the Court and secure the ends of justice. It was noted that the compromise between closely related parties was essential for harmony and orderly behavior in society. The Court held that once a matter has been compromised, proceeding with the appeal would be a waste of time and an abuse of the Court's process. Therefore, the petition under Section 482 Cr.P.C. was accepted, leading to the quashing of the FIR, judgment of conviction, and sentence, resulting in the acquittal of the appellants.

Key Takeaways:
- The Court considered the power under Section 482 Cr.P.C. to quash the FIR, judgment, and sentence.
- Precedents were cited to support the exercise of power at the appellate stage.
- Emphasis was placed on the importance of compromise for harmony in society.
- The Court highlighted that the power under Section 482 Cr.P.C. aims to prevent abuse of the Court's process and secure justice.
- The compromise between closely related parties was deemed crucial for better relations and removing bitterness.
- Proceeding with the appeal after a compromise was seen as wasteful and an abuse of the Court's process.
- Ultimately, the Court accepted the petition under Section 482 Cr.P.C., quashing the FIR, judgment, and sentence, leading to the appellants' acquittal.