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2016 (1) TMI 1478

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..... of BAGHEL SINGH VERSUS STATE OF PUNJAB [ 2014 (5) TMI 1218 - PUNJAB AND HARYANA HIGH COURT] , 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. In view of the fact that the parties have entered into a compromise and learned Addl. Sessions Judge, Shaheed Bhagat Singh Nagar has submitted her report in support of genuineness of the compromise, the present petition is allowed. - Criminal Misc. No. M-17272-2015 - - - Dated:- 28-1-2016 - Mr. Justice Hari Pal Verma, J. For the Petitioners : Mr. Manbir Singh Baath, Advocate, Mr. P.S. Madahar, AAG, Punjab. For Respondents No. 2 to 6 : Mr. N .....

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..... -- 1 month --- 1 month Manjit Kaur 148 IPC 452 IPC 323/149 IPC 324/149 IPC 3 years 3 years 1 year 3 years --- ₹ 5000/- --- Rs. 5,000 --- 1 month --- 1 month Satwinder Kaur 148 IPC 452 IPC 323/149 IPC 324 /149 IPC 3 years 3 years 1 year 3 years --- ₹ 5000/- --- ₹ 5,000 --- 1 month --- 1 month .....

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..... order dated May 25, 2015 passed by this Court, the parties were directed to appear before the trial Court on 24.07.2015 for recording their statements with regard to compromise and the trial Court was directed to submits its report regarding the genuineness of the compromise. Pursuant to the aforesaid order dated May 25, 2015, the learned Addl. Sessions Judge, Shaheed Bhagat Singh Nagar, had recorded the statements of the parties and forwarded her report dated 06.08.2015 to the effect that the statements of respondent No.2-complainant, namely Malkiat Ram as well as other injured persons i.e. respondents No. 3 to 6 and accused persons reveal that the compromise between them is voluntarily and without any undue influence. On the basis o .....

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..... Sd/- Sd/- Malkiat Ram (Neelam Arora) ASJ/SBS Nagar/24.07.2015. This Court in the case of Sube Singh and another Versus State of Haryana and another 2013(4) RCR (Criminal) 102 has considered the compounding of offences at the appellate stage and has observed that even when appeal against the conviction is pending before the Sessions Court and parties entered into a compr .....

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..... 2 of the Constitution, the cited decision cannot be construed to have vested the High Court with such like unparallel power. 17. The magnitude of inherent jurisdiction exercisable by the High Court under Section 482 Criminal Procedure Code with a view to prevent the abuse of law or to secure the ends of justice, however, is wide enough to include its power to quash the proceedings in relation to not only the noncompoundable offences notwithstanding the bar under Section 320 Criminal Procedure Code but such a power, in our considered view, is exercisable at any stage save that there is no express bar and invoking of such power is fully justified on facts and circumstances of the case. 18. xxx xxx 19. xxx xxx 20. xxx x .....

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..... ove- 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 poi .....

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