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Judgment
4 paragraphs · 371 wordsR.L. Anand, J.
This petition has been moved by the accused and the complainant for seeking permission of this Court to compound the offences at this appellate stage.
Sh. Rajinder Kumar alias Billu was convicted and sentenced in a case under Section 307 IPC etc. for allegedly causing injury to Sh. Suresh, s/o Tulsi Ram on 21.12.1988 at 7.30 p.m. After full length trial, Rajinderapplicant was convicted under Section 307 IPC and was sentenced to undergo R.I. for five years and to pay a fine of Rs. 3,000/ in default of payment of fine, the appellant was directed to further undergo R.I. for one year.
It appears that the complainant and injured are neighbourers and for the better future they have compounded the offences. I have separately interviewed the injured Suresh in the presence of his counsel. After ascertaining the wish of Suresh it appears to be voluntary. He states that in the larger interest of the parties he has compounded the offences. No doubt the offense under Section 307 IPC is noncompoundable, but instances are known to us that even the Hon''ble Supreme Court has given permission to the parties for the compounding of the offences even in noncompoundable offences; under its inherent powers. So it appears to me that if the appellant Sh. Rajinder Kumar is deprived of the liberty to enter into neighbourly terms with Sh. Suresh, the relations between the two neighbours will become more sour, which can further lead to confrontation and repeated instances like the one in hand. This Court also enjoys inherent powers under Section 482 Cr.P.C. and orders can be passed which promote justice. As the complainant injured. Sh. Suresh S/o Tulsi is no longer interested with the conviction and sentence of neighbour Sh. Rajinder Kumar, this Court grants permission to the parties to compound the offences even if the offense is noncompoundable. Resultantly the appeal is hereby allowed. The conviction and sentence is hereby set aside and the appellant stands acquitted of the charges framed against him. Intimation of this order be sent to all concerned. The present appeal stands disposed of with a hope that in future the parties will maintain coordiality as is expected between two neighbourers.