Karnataka HC: Courts Should Ensure That Legal Procedures Are Not Abused in Order to Reduce Burden  ||  Utt. HC: Joining in Service Cannot Be Denied to Woman on The Ground of Her Pregnancy  ||  Kar. HC: Can’t Stretch Protection u/a 21 to Those Posing Threat to Nation’s Sovereignty & Integrity  ||  Delhi High Court: Can’t Stop Student From Entering Exam Hall Once Admit Card Issued  ||  Supreme Court Asks Medical Colleges Either to Pay Stipend or Not Have Internship  ||  Calcutta HC: No Penal Proceedings Attracted if Bona-Fide Mistake Occurs in Court Reporting  ||  Bombay HC: Can’t Entertain Application Increasing Valuation of Suit if Pecuniary Jurisdiction Lost  ||  Bom. HC: Information of Previous Bail Applications And Orders to Be Give in All Bail Applications  ||  Cal. HC: Clause in GCC Specifying App. of Officers For Arbitration Violative of S. 12(5) of A&C Act  ||  Cal HC: High Court Lacks Jurisd. When Application u/s 9A of A&C Act Filed Before Commercial Court    

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  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved