Delhi High Court
Rajbir Singh & Ors. vs State on 4 January, 2017
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A 472/2005
Date of Hearing & Order: January 4th, 2017
RAJBIR SINGH & ORS. ....Appellant
Through Mr.Bhupendra Kumar Tyagi, Adv.
versus
STATE ... Respondent
Through Mr.Ashish Dutta, APP.
Respondent No.2 in person with Mr.Sarvesh Rai, Adv.
CORAM:
HON'BLE MR. JUSTICE P.S.TEJI
P.S.TEJI, J.(Oral)
1. The present appeal under Section 374 Cr.P.C. has been filed by
the appellants, namely, Sh. Rajbir Singh, Sh. Manoj Kumar and
Smt. Bimla Devi to set aside and/or quash the impugned
judgment and order dated 29.04.2005, whereby the appellants
were convicted under S. 325/34 IPC and ordered to undergo
rigorous imprisonment for two years and pay fine of Rs. 2000/-
each, and in default of payment of fine, each of the accused was
to further undergo SI for three months.
2. The factual matrix of the present case is that on 17.01.2000, at
about 5.20pm all three accused persons, in furtherance of
common intention had caused injuries on the person of Sh.
Suresh Pal with a wooden 'paya' with such intention or
knowledge and under such circumstances that if by that act the
accused persons would have caused the death of said Suresh Pal
then they all would have been guilty of culpable homicide not
amounting to murder. Thereafter, after conclusion of the
investigation, challan was filed in the court on 18.11.2000 and
the case was committed to the Court of Sessions on 31.10.2001
and charge for the offences u/s 308/34 IPC against the accused
persons was framed on 02.01.02. After framing of charges,
prosecution adduced its evidence in court, statements of the
appellants were recorded under S. 313 Cr.PC and the Trial
Court convicted the accused for the offence punishable under S.
325 read with S. 34 IPC.
3. During the pendency of the present appeal, Respondent No.2
filed an application under S. 320 Cr.P.C for seeking permission
for compounding the offence under S. 325/34 IPC based on the
fact that a settlement has been arrived at between the parties
before the Mediation Centre, Tis Hazari Courts, Delhi on
17.09.2014 and both parties have already resolved their dispute
and differences with regard to the aforementioned case and the
complainant does not wish to proceed further against the
accused persons. Statement of the respondent no.2 has been
recorded in this regard in which he stated that he has entered
into a compromise deed with the appellants and has settled all
the disputes with them.
4. S. 320 Cr.P.C explicitly provides for the compounding of
offences and the relevant section, that is S. 325 IPC in the
present matter is a compoundable offence by the permission of
the Court by the person to whom hurt is caused.
5. In view of the compromise entered into between the parties, the
appellants/accused persons are allowed to compound the
offence with the complainant/Respondent No.2.
6. The Judgment of the Trial Court and order on sentence dated
29.04.05 is set aside and the appellants are accordingly
acquitted.
7. The bail bond and surety bond stands discharged.
8. This appeal is accordingly disposed of. Pending applications, if
any, are also disposed of accordingly.
(P.S.TEJI)
JUDGE
JANUARY, 04, 2017/dd
