Section 482 should be used only in “rarest of the rare” cases in order to quash conviction even if parties have settled dispute: Bombay high court
The bench led by the Nagpur high court held that it is only in “rarest of the rare” cases that a High Court may, in exercise of its inherent powers under Section 482 of code of criminal procedure, quash criminal proceedings based on settlement between the parties after conviction.
The judge comprising of justices AS Chandurkar, Vinay Joshi and NB Suryawanshi held that, it would be a beater exercise of discretion under Section 482 of the CrPC and with that law of the land would refuse to quash the criminal proceedings after the conviction for the non-compoundable offence with the ground that the parties have entered into it due to compromise.
The court noted that it is not permissible to set aside the judgment of conviction at the appellate stage only on a common ground that is COMPROMISE.
A division bench at Aurangabad held that since the parties had already decide to maintain healthy and diplomatic relations in future. Moreover, these positive attitude results in the betterment of society then, the inherent powers under Section 482 were required to be invoked.
The compromise is considered as a mitigating factor which helps in reducing the punishment from imposing. It is not permissible to set aside the judgment of conviction at the appellate stage only on the ground that parties have compromised with it.