S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner.

A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences punishable for sections 326 (Voluntarily causing grievous hurt by dangerous weapons or means) and 448 (House-trespass) of IPC back in 2011.

The order was confirmed by the sessions court in June 2012. The High Court had also confirmed the same but partly modified the sentence.

When the instant quashing petition was filed, the High Court noted various Supreme Court decisions, starting from BS Joshi v. State of Haryana in 2003 to Ramgopal & Anr. v. State Of Madhya Pradesh in 2021, where it was held that criminal proceedings involving non-heinous offences or where the offences are pre-dominantly of a private nature, can be annulled irrespective of the fact that trial has already been concluded or appeal stands dismissed against conviction.

"Handing out punishment is not the sole form of delivering justice. Societal method of applying laws evenly is always subject to lawful exceptions," the Supreme Court had said.

In this backdrop, the High Court said,

"In the light of the judgments so rendered by the Apex Court which all concern the issue whether the matter could be settled or compromised between the parties post conviction wherein the Apex Court has permitted such compromise to be recorded post conviction by a Court exercising jurisdiction under Section 482 of the Cr.P.C. and quashed the proceedings and also in view of the facts obtaining in the case at hand, I deem it appropriate to accept the compromise so filed and set aside the order of conviction passed against the petitioner."

Case Title: LAKSHMIBAI v THE STATE OF KARNATAKA

Case NO: CRIMINAL PETITION NO. 7649 OF 2022

Citation: 2022 LiveLaw (Kar) 336

Date of Order: 16TH DAY OF AUGUST, 2022

Appearance: Advocate CHANDRASHEKARA K.A for petitioner; HCGP K.S.ABHIJITH, FOR R1; Advocate PARAMESH M.D FOR R2

Click Here To Read/Download Order