Mahadevaiah v. State of Karnataka – Compounding of Offences, Article 142

Indian Penal Code, 1860 – Sections 323, 324, 325, 326 (Offences causing hurt and grievous hurt) read with Code of Criminal Procedure, 1973 – Section 320 (Compounding) — In this case, Supreme Court set aside the substantive sentence of the appellant-husband, convicted under sections 324 and 326 IPC for assault on his wife, in view of a post-conviction compromise between the spouses. While noting that section 326 IPC is non-compoundable under the Code of Criminal Procedure, the Court exercised its powers under Article 142 of the Constitution to permit compounding in the exceptional facts of a matrimonial dispute that had been amicably settled. Relying on prior precedents permitting post-conviction compromises, the Court held that such settlements can be accepted to secure complete justice where the dispute is personal in nature and the compromise is genuine and voluntary.