RAMGOPAL & ANR. versus STATE OF M.P. & ANR.

RAMGOPAL & ANR. versus STATE OF M.P. & ANR.

The Supreme Court cannot straightway acquit petitioners convicted under Section 326 IPC despite settlement, as the offence is non-compoundable. Law Commission and Government of India requested to consider making more offences compoundable via suitable amendment.

Parties
Petitioner: Ramgopal; Respondent: State of M.P.; Petitioner: Anr.; Respondent: Anr.
Jurisdiction
India
Judgment Date
30 July 2010
Procedural Posture
Special Leave Petition (criminal) / Adjourned After Notice Issued
Outcome
Special Leave Petition adjourned after issuing notice; delay condoned.
Legal Topics
Compounding of Offences, Amicable Settlement, Non Compoundable Offences, Section 326 IPC
Criminal Law Compounding of Offences Amicable Settlement Non Compoundable Offences Section 326 IPC

Case Brief

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Parties

Ramgopal

Petitioner

State of M.P.

Respondent

Anr.

Petitioner

Anr.

Respondent

Procedural Posture

Special Leave Petition (criminal) / Adjourned After Notice Issued

Legal Issues

  1. 1 Whether the offence under Section 326 IPC can be compounded in view of an amicable settlement between parties

Ratio Decidendi

The Supreme Court cannot straightway acquit petitioners convicted under Section 326 IPC despite settlement, as the offence is non-compoundable. Law Commission and Government of India requested to consider making more offences compoundable via suitable amendment.

Court Disposition

Special Leave Petition adjourned after issuing notice; delay condoned.

Orders

  • Secretary General directed to send order copy to Law Commission of India and Law Secretary to Government of India; Law Secretary to place order before Minister of Law & Justice.