Lal Singh and others vs State of Punjab

Mehtab S. Gill, J.

This appeal has come up for final hearing.

At the very outset, learned counsel for the appellants has stated that the parties have compromised the matter. He has further stated that Swaran Singh, complainant, is present in person along with appellants.

Swaran Singh, complainant, has made a statement in the Court that he has compromised the matter with the appellants.

Learned counsel for the State has stated that some of the offences are noncompoundable and if the appellants have compromised the matter, at the most, sentence can be modified to the extent of already undergone.

As per the law laid down by the Hon''ble Supreme Court rendered in the case of Ram Lal and another v. State of J & K, 2000(1) RCR (Cr.) 92 (SC) : 1999 Supreme Court Cases (Criminal) 123, the Hon''ble Supreme Court has held that noncompoundable offences falling outside the two tables under Section 320 of the Code of Criminal Procedure, offences cannot be compounded even with the permission of the Court. But considering the fact that the parties have come to a settlement and the appellantaccused have undergone more than six months, sentence reduced to the period already undergone.

In the case in hand, learned counsel for the appellants states that the appellants have undergone more than four months of actual sentence.

Learned counsel for the appellants has drawn my attention to a judgment of the Hon''ble Supreme Court rendered in the case of Mahesh Chand and another v. State of Rajasthan, 1988(1) RCR(Crl.) 498 (SC) : AIR 1988 Supreme Court 2111, wherein he Hon''ble Supreme Court had held that offence under Section 307 of the Indian Penal Code, though it is not compoundable under the law, but as the parties have compromised the matter, the Court should permit the parties to compound the offence.

As the parties have come to a settlement, so that the parties can live in peace, in the interest of justice, this Court permits compounding of ther offences under Section 307/148 of the Indian Penal Code.

Sentence of the appellants is modified to this extent as already undergone by gone.

With the above modification, appeal is disposed of.

JUDGMENT accordingly.