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TMI Blog2016 (1) TMI 1478X X X X Extracts X X X X X X X X Extracts X X X X ..... District-Nawanshahar, on the basis of compromise dated 06.02.2015(Annexure P-4) and all other subsequent proceedings arising therefrom including the judgment of conviction and order of sentence, both dated 25.09.2013 passed by the learned Addl. Sessions Judge, Shaheed Bhagat Singh Nagar, whereby the accused-petitioners, were convicted and sentenced as under:- Accused Offence U/s. R.I. Fine In default R.I. Ram Parkash 148 IPC 452 IPC 323/149 IPC 324 IPC 3 years 3 years 1 year 3 years --- Rs. 5000/- --- Rs. 5,000 --- 1 month --- 1 month Joga Singh 148 IPC 452 IPC 323/149 IPC 324 IPC 3 years 3 years 1 year 3 years --- Rs. 5000/- --- Rs. 5,000 --- 1 month --- 1 month Manj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts 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 of the statements of the parties and the report submitted by the learned Addl. Sessions Judge, Shaheed Bhagat Singh Nagar, it is established that respondent No.2- complainant as well as other injured persons i.e respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; Sd/- Sd/- Malkiat Ram &n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsp; 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 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 Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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 xxx 21. In the light of these peculiar facts and circumstances where not only the parties but their close relatives (including daughter and son-in-law of respondent No.2) have also supported the amicable settlement, we are of the considered view that the negation of the compromise would disharmonize the relationship and cause a permanent rift amongst the family membe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omise 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. Accordingly, while relying upon the aforesaid judgments and coupled with 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. Accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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