Facts of the case
- The complainant and injured were impleaded as respondents.
- The Gujarat High Court recorded the conviction of the appellant under Section 324 I.P.C. and imposition of sentence of S.I. for six months and fine of Rs.250/- in default simple imprisonment of 15 days.
- The respondents filed affidavit stating that the disputes between the parties have been settled with the intervention of respectable persons of the society. They also expressed their willingness to compound the offence.
Judgment
The Hon’ble Supreme Court stated that, “After coming into force of the Code of Criminal Procedure (Amendment) Act, 2005 from June 23, 2006 the offence u/s 324 IPC is made noncompoundable. However, in this case offence u/s 324 IPC was committed on July 23, 1986 on which date it was compoundable with the permission of the Court. As the Code of Criminal Procedure (Amendment) Act 2005 is not applicable to the facts of the case, offence u/s 324 IPC would be compoundable with the permission of the Court. In view of the statement, made by respondent Nos.2 to 4 in their affidavit and having regard to the facts and circumstances of the case, permission to compound the offence deserves to be granted to the original complainant and the injured.”
The appeal was allowed and the injured complainant and two other injured are permitted to compound the offence punishable under Section 324 IPC.