9911796707
TMI Blog2022 (3) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... ld also lead to denial of complete justice which is the very essence of our justice delivery system. Hon'ble Supreme Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [ 2010 (5) TMI 380 - SUPREME COURT] and thus, as per settled law, this Court has the power to set aside the judgment of conviction against the petitioner on the basis of a valid compromise. The compromise in the present case is genuine and valid. The present matter has been compromised and the compromise is genuine and bona fide, the present revision petition is allowed and impugned judgment and order of sentence dated 03.04.2017 as well as the impugned order dated 21.09.2019 are set aside in view of the compromise and the petitioner and respondent are permitted to compound the offence. The same is however, subject to the petitioner depositing 15% of the cheque amount i.e. ₹ 30,000/- with the Punjab State Legal Services Authority within a period of one month from today - the said amount is not deposited within the stipulated period, then the present petition would be deemed to have been dismissed. - CRR-3031-2019 (O&M) - - - Dated:- 2-3-2022 - HON'BLE MR. JUSTICE VIKAS BAHL Mr. Deepak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017 before the Court of Additional Sessions Court, Sangrur which has been decided on 21.02.2019.Now in context with the said matter Party No.1 has effected compromise with party No.2 with the intervention of the respectables and as per the same, now there is no dispute with relation to the monetary transactions. Both the sides will not raise any issue against each other while filing legal proceedings. With reference to the abovesaid case if there is any other court case pending between the parties before any court both the parties would be bound to withdraw the same. This Compromise has been written so that it can come into play at the time of the relevant need. Dated 25.10.2019 Party No.1 Taar Singh son of Jit Singh, resident of Quarter No. 193, SLIET Longowal, Sangrur. Party No.2 Yashpal Jindal son of Madan Lal, resident of Street No.9, Kishan Bagh Colony, Sangrur. Witness: Witness Harjinder Singh son of Shri Maan Singh Resident of Peerkot District Bathinda Rahul Jindal son of Yashpal Jindal, resident of Kishanpura Basti, Sangrur TRUE TRANSLATED TYPED COPY ADVOCATE A perusal of the said compromise would show that the matter ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arties entered into a compromise, the High Court is vested unparallel power under Section 482 Cr.PC to quash criminal proceedings at any stage so as to secure the ends of justice and has observed as under:- 15. The refusal to invoke power under Section 320 CrPC, however, does not debar the High Court from resorting to its inherent power under Section 482 Criminal Procedure Code and pass an appropriate order so as to secure the ends of justice. 1. As regards the doubt expressed by the learned Single Judge whether the inherent power under Section 482 Criminal Procedure Code to quash the criminal proceedings on the basis of compromise entered into between the parties can be invoked even if the accused has been held guilty and convicted by the trial Court, we find that in Dr. Arvind Barsaul etc. v. State of Madhya Pradesh Anr., 2008(2) R.C.R. (Criminal) 910 : (2008)5 SCC 794, the unfortunate matrimonial dispute was settled after the appellant (husband) had been convicted under Section 498A Indian Penal Code and sentenced to 18 months' imprisonment and his appeal was pending before the first appellate court. The Apex Court quashed the criminal proceedings keeping in v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint filed by respondent No.2 is dismissed qua the petitioners on the basis of above-stated compromise. Resultantly, the appeal preferred by the petitioners against the above-mentioned order dated 16.03.2009 would be rendered infructuous and shall be so declared by the first Appellate Court at Hisar. Similarly, in the case of Baghel Singh Versus State of Punjab 2014(3) RCR (Criminal) 578, whereby the accused was convicted under Section 326 IPC and was sentenced to undergo rigorous imprisonment for two years, the parties entered into compromise during the pendency of the appeal. This Court while relying upon the judgment of Lal Chand Versus State of Haryana, 2009 (5) RCR (Criminal) 838 and Chhota Singh Versus State of Punjab 1997(2) RCR (Criminal) 392 allowed the compounding of offence in respect of offence under Section 326 IPC at the appellate stage with the observation that it will be a starting point in maintaining peace between the parties, such offence can be compounded. XXX-XXX--XXX Accordingly, FIR No.225, dated 24.08.2005 (Annexure P-1) under Sections 323, 324, 452, 506, 148 and 149 IPC(subsequently added Section 308 and 336 IPC), registered at Poli ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
