9911796707
TMI Blog2025 (1) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... l Magistrate 1st Class, Tissa, District Chamba, H.P., in CIS Registration No. 12 of 2022, was affirmed. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under : 2(a). The complainant (respondent herein) and the petitioner-accused were acquainted with each other and they had cordial relations. In the month of May, 2021, the petitioner-accused approached the complainant with a request to lend him a sum of Rs.3,00,000/-, which he required for his personal needs and he promised to repay the same within six months. In the month of May, 2021, the complainant, considering their cordial relations, advanced the petitioner-accused a sum of Rs.3,00,000/-. After completion of six months, the petitioner-accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce passed by the learned Courts below be set-aside and he be acquitted. 5. During the pendency of the instant petition, an application (Cr.MP No. 5424 of 2024) under Section 147 of the Act has been filed by the petitioner-accused, seeking permission of this Court to compound the offence by settingaside the judgment of conviction, dated 24.11.2023, passed by learned Judicial Magistrate 1st Class, Tissa, District Chamba, H.P., in CIS Registration No. 12 of 2022, and affirmed vide judgment dated 18.06.2024, passed by learned Sessions Judge, Chamba Division Chamba, H.P., in Criminal Appeal No. 77 of 2023, as he has compromised the matter with the respondent, vide compromise deed, dated 19.12.2024, and the complainant has received the entire am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have settled the matter and the complainant has no objection in compounding the offence, therefore, this Court sees no impediment in accepting the prayer made on behalf of the accusedpetitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon'ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H., (2010) 5 SCC 663, wherein the Hon'ble Apex Court has held as under:- "10. At present, we are of course concerned with Section 147 of the Act, which reads as follows:- "147. Offences to be compoundable- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable." At ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 320(9) of the CrPC, especially keeping in mind that Section 147 carries a non obstante clause." 10. In K. Subramanian Vs. R. Rajathi; (2010) 15 Supreme Court Cases 352, it has been held by the Hon'ble Apex Court that in view of the provisions contained in Section 147 of the Act read with Section 320 of Cr.P.C., compromise arrived at can be accepted even after recording of the judgment of conviction. The relevant portion of the judgment is reproduced as under:- "6. Thereafter a compromise was entered into and the petitioner claims that he has paid Rs. 4,52,289 to the respondent. In support of this claim, the petitioner has produced an affidavit sworn by him on 1.12.2008. The petitioner has also produced an affidavit sworn by P. Kal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n terms of the aforesaid judgments passed by the Hon'ble Apex Court. 12. Therefore, in view of the detailed discussion made hereinabove as well as law laid down by the Hon'ble Apex Court, the application is allowed and matter is ordered to be compounded. 13. Accordingly, the present matter is ordered to be compounded and the impugned judgment of conviction, dated 24.11.2023, and order of sentence, dated 28.11.2023, passed by learned Judicial Magistrate 1st Class, Tissa, District Chamba, H.P., in CIS Registration No. 11 of 2022, which was affirmed in appeal by learned Sessions Judge, Chamba Division Chamba, H.P., in Criminal Appeal No. 77 of 2023, are quashed and set-aside and the petitioneraccused is acquitted of the charge framed against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount. ... ... ... ... ... ... ... 25. The graded scheme for imposing costs is a means to encourage compounding at an early stage of litigation. In the status quo, valuable time of the court is spent on the trial of these cases and the parties are not liable to pay any court fee since the proceedings are governed by the Code of Criminal Procedure, even though the impact of the offence is largely confined to the private parties. Even though the imposition of costs by the competent court is a matter of discretion, the scale of costs has been suggested in the interest of uniformity. The competent court ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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