Published on: 09 July 2023 at 12:15 IST
Court: Supreme Court
Citation: B.V. Seshaiah v. State of Telangana (2023)
Honourable Supreme Court of India has held that compromised settlement in compoundable criminal offences cannot lead to conviction if one party fails to fulfils its compromised action. It is held that the settlement deed between the parties is binding and results into compounding of the offences. It is held that the no court can impose its own will upon mutual settlements between the parties.
7. It is also to be noted that as per the terms of the agreement, the Respondent No. 2 was bound to file a compromise petition before the High Court, however he failed to do so. The lack of filing of such a compromise petition, as agreed upon by the Respondent No. 2, has now led to the High Court dismissing the Revision and confirming the Conviction of the Appellants.
8. In our view, the terms and conditions of the settlement entered into by the parties binds them to settle the dispute amicably, or through an arbitration as has been stated in clause 8 of the Memorandum Of Understanding.
9. In such a circumstance, the Appellants cannot be convicted on the basis of the orders passed by the courts below, as the settlement is nothing but a compounding of the offence.
11. This is a very clear case of the parties entering into an agreement and compounding the offence to save themselves from the process of litigation. When such a step has been taken by the parties, and the law very clearly allows them to do the same, the High Court then cannot override such compounding and impose its will.
Drafted By Abhijit Mishra