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Issues involved: Appeal against modification of sentence u/s 324 IPC compounding of offence prior to amendment in 2006.
Judgment Summary: Issue 1: Modification of Sentence The appeal was against the modification of the sentence imposed by the Trial Court from three years to 1½ years by the Punjab and Haryana High Court. The Supreme Court allowed the appeal and set aside the orders passed by the Trial Court as modified by the High Court, ultimately acquitting the accused from the charges alleged against him. Issue 2: Compounding of Offence The incident in question took place on 27.12.1997, before the amendment in 2006. The parties had compounded the offence during the pendency of the appeal. The Court noted that the conviction and sentence u/s 324 IPC, as of now, cannot be compounded, but since the offence occurred before the amendment, and both the complainant and accused intended to compound the offence, the Court granted the request for compounding. This decision was in line with the precedent set in the case of Mohd. Abdul Sufan Laskar and Others Vs. State of Assam, (2008) 9 SCC 333, where it was held that offences compoundable under the law at the time of occurrence can be compounded even if subsequent amendments make them non-compoundable. Conclusion The Supreme Court allowed the appeal, setting aside the modified sentence and acquitting the accused due to the compounding of the offence, which was permissible based on the law applicable at the time of the incident.
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