High Courts Can Accept Post Conviction Settlements & Annul Criminal Proceedings in Non-Cognizable Offences: Karnataka HC
The Karnataka High Court has quashed an order of conviction after the post-conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. This was seen in the case of LAKSHMIBAI v THE STATE OF KARNATAKA (CRIMINAL PETITION NO. 7649 OF 2022) and the judgment was presided over by the Coram of Justice M Nagaprasanna.
Facts of the case-
In the present case, Petitioner Lakshmibai was convicted by the trial court for offences punishable under sections 326 (Voluntarily causing grievous hurt by dangerous weapons or means) and 448 (House-trespass) of IPC back in 2011. He filed a plea in the High Court.
The sessions court confirmed the order in June 2012. The High Court had also confirmed the same but partly modified the sentence.
Judgement-
The High Court had noted various Supreme Court judgements, ranging from BS Joshi v. State of Haryana in 2003 to Ramgopal & Anr. v. State Of Madhya Pradesh in 2021, where it was held that criminal proceedings involving non-cognizable offences could be quashed irrespective of the fact that trial has already been done.
The bench further held that “In the light of the judgments rendered by the Apex Court which all concern the issue whether the matter could be settled between the parties post-conviction wherein the Apex Court has permitted such compromise to be recorded post-conviction by a Court exercising jurisdiction under Section 482 of the Cr.P.C. and quashed the proceedings and also in view of the facts obtaining in the case at hand, it deems appropriate to accept the compromise so filed and set aside the order of conviction.”
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Judgement reviewed by Alaina Fatima.