2003 (12) TMI 680 - HC - Indian Laws

Summary

Issues:
1. Relief from substantive sentence of imprisonment for six months.
2. Payment of fine by the petitioner.
3. Exercise of extraordinary power and jurisdiction under Article 226 of the Constitution and Section 482 of the Cr.P.C for compounding of offence.
4. Suspension of sentence for a lady aged 60.

Analysis:
1. The respondent, the original complainant, personally present in court, agreed to grant relief to the petitioner by being relieved of the substantive sentence of imprisonment for six months.
2. The petitioner's counsel assured that the fine would be paid by the returnable date. It was acknowledged that no pending proceedings existed after the conviction and confirmation by the Additional Sessions Judge, with a Revision Application already dismissed.
3. The petitioner's counsel argued for the exercise of extraordinary power under Article 226 of the Constitution and Section 482 of the Cr.P.C to compound the offence, citing relevant case laws. The court noted the prohibition on compounding offences except as provided by Section 320 of the Cr.P.C.
4. The petitioner, a 60-year-old lady, had enjoyed suspension of sentence by the Vadodara Sessions Judge. Due to the impending expiration of the suspension order, the court ordered the continuation of the suspension until the next date, considering the circumstances.