Reduction of sentence to period already undergone for non-compoundable offence under Section 326 IPC following amicable settlement.

The appellants, Sunny Pradhan and Sunny Gupta, were convicted by the Fourth Additional Sessions Judge, Bhopal, on 23.07.2025 for an incident occurring on 23.05.2021 where they assaulted the complainant, Ankit Bansal, with a stick and an axe.

The trial court sentenced them to 5 years RI under Section 326/34 IPC (grievous hurt), and 3 months RI each under Sections 323/34 (simple hurt) and 427 (mischief).

During the pendency of the appeal, the parties filed an application for compounding of offences based on an amicable settlement.

A court-ordered verification confirmed the compromise was voluntary.

The appellants did not press the appeal on merits, seeking only a reduction of sentence.

1. Whether a conviction under the non-compoundable Section 326 of the IPC can be set aside or the sentence reduced based on a compromise between the parties.

2. Whether the sentence already undergone by the appellants is sufficient punishment given their age, lack of criminal antecedents, and the settlement reached.

The Court applied Section 374(2) of the Cr.P.C. regarding the right to appeal a conviction.

It considered Section 359(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) regarding the compounding of offences.

While Sections 323 and 424 of the IPC are generally compoundable, Section 326 (voluntarily causing grievous hurt by dangerous weapons) is a non-compoundable offence under the law.

Legal principles allow the court to consider a compromise as a mitigating factor to reduce the sentence to "period already undergone," even if the offence itself cannot be legally compounded.

The Court upheld the conviction on merits as the evidence was properly appreciated by the trial court.

The Court reasoned that since the parties (appellants and the victim Ankit Bansal) had settled their dispute voluntarily and the appellants were first-time offenders aged 20 and 27 at the time of the incident, the "ends of justice" would be met by reducing the jail term to the period already served.

To balance the non-compoundable nature of the gravity of the offence, the Court decided to enhance the fine amount.

The Court ordered the immediate release of the appellants provided the enhanced fine is deposited within 60 days, failing which the original trial court sentence with default stipulations would resume.