RAMGOPAL & ANR. versus THE STATE OF MADHYA PRADESH

RAMGOPAL & ANR. versus THE STATE OF MADHYA PRADESH

A High Court has inherent jurisdiction under Section 482 Cr.P.C. to quash criminal proceedings arising from non-compoundable offences in appropriate cases where compromise between accused and victim, the private nature and non-heinous character of the offence, voluntariness of settlement and other factors render continuation of prosecution an abuse of process or contrary to ends of justice; likewise the Supreme Court may invoke Article 142 to quash proceedings and set aside convictions to do complete justice, but such powers must be exercised cautiously with regard to public interest and seriousness of the offence.

Parties
Appellants: Ramgopal & Anr.; Respondent: The State of Madhya Pradesh
Jurisdiction
India
Judgment Date
29 September 2021
Procedural Posture
Criminal Appeal / Judgment of the Supreme Court on Appeal
Outcome
Appeals disposed of.
Legal Topics
Quashing of Criminal Proceedings, Compounding of Offences, Section 482 Cr.p.c., Section 320 Cr.p.c., Article 142 Constitution
Criminal Law Criminal Procedure Constitutional Law Quashing of Criminal Proceedings Compounding of Offences Section 482 Cr.p.c. Section 320 Cr.p.c. Article 142 Constitution

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Parties

Ramgopal & Anr.

Appellants

The State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Judgment of the Supreme Court on Appeal

Legal Issues

  1. 1 Whether a High Court can quash criminal proceedings in respect of non-compoundable offences on the basis of compromise/settlement between parties by invoking its inherent powers under Section 482 Cr.P.C.
  2. 2 Whether the Supreme Court can invoke Article 142 of the Constitution to quash criminal proceedings and set aside convictions to do complete justice
  3. 3 What factors and safeguards should guide exercise of inherent powers/Article 142 when quashing criminal proceedings post-compromise including post-conviction situations

Ratio Decidendi

A High Court has inherent jurisdiction under Section 482 Cr.P.C. to quash criminal proceedings arising from non-compoundable offences in appropriate cases where compromise between accused and victim, the private nature and non-heinous character of the offence, voluntariness of settlement and other factors render continuation of prosecution an abuse of process or contrary to ends of justice; likewise the Supreme Court may invoke Article 142 to quash proceedings and set aside convictions to do complete justice, but such powers must be exercised cautiously with regard to public interest and seriousness of the offence.

Court Disposition

Appeals disposed of.

Orders

  • In Criminal Appeal No.1489 of 2012: Invoking Article 142, all criminal proceedings arising out of the FIR leading to Criminal Appeal No.1489 of 2012 are quashed and the convictions and orders passed by the trial court, appellate court and High Court are set aside; appellants shall be deemed acquitted of the charged...
  • In Criminal Appeal No.1488 of 2012: Directed appellants and complainant to submit any written settlement before the Chief Judicial Magistrate, Shimoga within three months; CJM to report on genuineness of compromise. If report reflects a bona fide settlement, appeal shall be disposed of in same terms as No.1489 and...