Offence Of Grievous Hurt By Dangerous Weapons(S.326 IPC) Can Be Compromised In Exceptional Circumstances: Supreme Court
Live LawThe Supreme Court observed that while Section 326 of the Indian Penal Code, 1860, is non-compoundable, the Court can, in exceptional circumstances, invoke its inherent power to give effect to compromise. “In light of the amicable settlement and the complainant's unequivocal consent, as evidenced by the Interlocutory Application, this Court finds it appropriate to allow the present M.A. Procedure Code, 1973, 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 Bench of Justices Justice Vikram Nath and Justice Prasanna B. Varale were deciding an application filed in an appeal upholding the conviction of the present petitioner. The Court several factors into consideration including the close proximity within which both the parties reside and that any lingering hostility will affect the neighbourhood.
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