Thursday, November 17, 2011
"Compromise cannot be allowed in non-compoundable cases.But sentence is reduced" Latest Precedence of SC
" This Court has in a long line of decisions ruled that offences which are not compoundable under Section 320 of the Cr.P.C. cannot be allowed to be compounded even if there is any settlement between the complainant on the one hand and the accused on the other. Reference in this regard may be made to the decisions of this Court in Ram Lal and Anr. v. State of J & K (1999) 2 SCC 213, and Ishwar Singh v. State of Madhya Pradesh (2008) 15 SCC 667." the Hon. Supreme Court of India has recently reiterated so. While deciding a criminal appeal of Gulabdas & others against state of MP., the Apex Court further set a judicial precedence that "the incident had led to registration of a cross case against the complainant party in which the trial Court has already convicted Veeraji and others for offences punishable under Sections 325/34 and 323 IPC and sentenced them to undergo imprisonment for a period of two years and a fine of Rs.300/- and imprisonment of six months under Section 323 IPC. In the totality of the circumstances we are of the view that the settlement arrived at between the parties is a sensible step that will benefit the parties, give quietus to the controversy and rehabilitate and normalise the relationship between them. In the result, while upholding the order of conviction recorded by the Courts below, we reduce the sentence awarded to the appellants to the sentence already undergone by them."
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