Supreme Court: Offence of grievous hurt by dangerous weapons under Section 326 of IPC can be compromised in exceptional circumstances

The Supreme Court in the case H.N. Pandakumar Versus The State Of Karnataka observed that while section 326 (punishment for grievous hurt by dangerous weapons) of the Indian Penal Code, 1860, IPC is non-compoundable, thus, the court can, in exceptional circumstances, invoke its inherent power to give effect to compromise.

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The court stated that such kind of circumstances also include voluntary settlement between the parties.

The court in the case stated that, 'In light of the amicable settlement and the complainant's unequivocal consent, as evidenced by the Interlocutory Application, the said court finds it appropriate to allow the present M.A. While the offence as stated under section 326 of Indian Penal Code, IPC is non-compoundable under the provisions of the Criminal Procedure Code, CrPC 1973, thus, the exceptional circumstances of this case, including the voluntary settlement between the parties, warrant the exercise of this Court's inherent powers in order to give effect to the compromise.'

The bench comprising of Justice Vikram Nath and Justice Prasanna B. Varale was hearing the present matter.