Vinod Vs. State of Haryana - (High Court of Punjab and Haryana) (26 Oct 2018)

Court can compound offence, if the parties have settled the dispute amicably

MANU/PH/1465/2018

Criminal

Prayer in present appeal is for setting aside the judgment of conviction passed by the Additional Sessions Judge vide which the Appellant was convicted under Section 307 of the Indian Penal Code, 1860 (IPC) read with Section 34 of IPC and the order of sentence vide which the Appellant was sentenced to undergo R.I. for a period of four years, for an offence punishable under Section 307 of IPC read with Section 34 of IPC along with fine of Rs. 2,000 and in default of payment of fine, to further undergo R.I. for six months.

In Sube Singh and another Vs. State of Haryana and another, a Division Bench of present Court has held that even after conviction, if the parties have settled the dispute amicably and have decided to live in peace and harmony, this Court, in exercise of powers under Section 482 of CrPC can compound the offence.

In view of facts of present case, the parties have decided to bury their inter-se dispute and further decided to live in peace and also in view of the report of the Mediator, present appeal is partly allowed. Judgment of conviction is upheld and sentence awarded to the Appellant is reduced to the period already undergone by the Appellant. Since, sentence of the Appellant has already been suspended, his bail/surety bonds shall stand discharged. Appeal stands disposed of.

Relevant : Sube Singh and another Vs. State of Haryana and another, MANU/PH/2804/2013: 2013 (4) RCR (Crl.) 102

Tags : CONVICTION DISPUTE SETTLEMENT