Criminal Proceedings Can Be Quashed At Post-Conviction Stage By Invoking Power U/S 482 Crpc Upon Settlement Between Victim & Convict: Kerala HC

Name of the Case

Soban v. State of Kerala

Background Facts

• The Sections 143, 147, 149, 326, 307 r/w 149 of the Indian Penal Code were attracted for prosecuting the accused in the case.
• An application under Sections 482 and 320 of the Cr.P.C. was filed before the Court for quashing the proceedings.
• The contention was that the matter had been resolved between the victim and the accused.
• He also claimed that when a dispute has been solved between the parties then the proceedings can be quashed irrespective whether the offence was compoundable or non-compoundable.

Section 482

• The powers of the Section are vast and have a wide magnitude for meeting the ends of justice.
• This section deals with the powers granted to the High Court for interfering with the lower Court’s proceedings and make any order as required to prevent the misuse of the procedure or ensuring justice.

Observation of the Court

• The Court while deciding the cases referred to the landmark judgements of Gian Singh v. State of Punjab, Joshi v. State of Haryana, etc.
• The offence did not involve heinous offences like rape, muder or dacoity and since the victim is not interested in proceeding further, it is not necessary to move forward with the case.
• The Court was of the opinion that if the use of Section 482 of Cr.P.C. is done in such a way that it secures the ends of justice and is necessary to prevent the abuse of the Court procedure then the proceedings involving non-compoundable offences can be quashed.
• A limitation as to quashing the proceedings only when the accused is not convicted is not required.

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