Aswan Singh vs The State Rep.By
2021 Latest Caselaw 22622 Mad

                                                                                 Crl.O.P. No.12902 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 18.11.2021

                                                          CORAM

                              THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                                 Crl.O.P.No.12902 of 2017
                                               and Crl.M.P.No.8404 of 2017

                1.Aswan Singh

                2.Oshmand Sushanth D'Cruz

                3.Victor Suneeth D'Cruz                                              ...Petitioners

                                                             Vs.
                    The State rep.by
                   Inspector of Police
                   E-2, Royapettah Police Station
                   Chennai
                   Crime No.894 of 2013                                            ...Respondents



                PRAYER: Criminal Original Petition filed under Section 482 of Criminal
                Procedure Code, to call for the records and quash the proceedings in
                C.A.No.100 of 2016 on the file of the 19th Additional Sessions Judge, Chennai.


                                    For Petitioners                : Mr.R.Vijayakumar
                                    For Respondent                 : Mr.S.Vinoth Kumar
                                                                    Government Advocate




https://www.mhc.tn.gov.in/judis
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                                                                                 Crl.O.P. No.12902 of 2017

                                                    ORDER

This Criminal Original Petition has been filed to call for the records and

quash the proceedings in C.A.No.100 of 2016 on the file of the XIX Additional

Sessions Judge, Chennai.

2. It is the contention of the learned counsel for the petitioners that this

petition has been filed mainly on the ground that the Trial Court did not accept

the compromise petition. It is also to be noted that originally the charge sheet

has been filed against the accused for causing grievous hurt for the offences

under Section 294(b), 506(i), 325 r/w 34 IPC. However, the Trial Court has

acquitted the accused after full trial. The same was challenged before the

Sessions Court by way of two appeals viz., one by State and another by the

Defacto Complainant. Both appeals were heard and the Appellate Court has

found the accused guilty. The matter was posted for hearing for sentence.

In the meanwhile, the accused and the defacto complainant entered into

compromise and sought permission of the Appellate Court to compound the

offence. The learned Appellate Judge raised the question as to the

maintainability of the application since he has found the accused guilty for the

offence, against which, the present petition has been filed under section 482 of

Cr.P.C.

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3. The main contention of the learned counsel for the petitioner is that

there is no embargo in law to invoke the provisions under Section 482 of

Cr.P.C.

4. This Court has perused the entire materials available on record.

Section 320(5) of Cr.P.C makes it clear that when appeal is pending, without

permission of such Court, no compromise is permitted.

The apprehension of the Appellate Court was that since it has found the

accused guilty, when the matter is pending only for passing the sentence, the

compromise petition filed to compound offence is not maintainable.

5. It is to be noted that the Hon'ble Apex Court in a judgment reported in

(1995) 2 Supreme court cases 513 in the case of “Rama Narang Vs Ramesh

Narang, held that under the Criminal Procedure Code, there are two stages in a

criminal trial before a Sessions Court, the stage up to the recording of a

conviction and the stage post-conviction up to the imposition of sentence. After

the conviction is recorded, Section 235(2) of Cr.P.C. inter alia provides that the

Judge shall hear the accused on the question of sentence and then pass sentence

on him according to law. After the court records a conviction, the accused has

to be heard on the question of sentence and it is only after the sentence is https://www.mhc.tn.gov.in/judis Page No.3/6 Crl.O.P. No.12902 of 2017

awarded that the judgment becomes complete and can be appealed against

under section 374 of the Code.

6. The above judgment makes it clear that only after sentence is awarded

to the convicted person, the judgment will be complete. Therefore,

apprehension of the Trial Court, as to maintainability of petition to compound

the offence is unwarranted as per the law declared by the Hon'ble Apex Court.

Therefore, this Court is of the view that the trial court can very well entertain

the compromise petition. Though, this Court would have invoked the

jurisdiction under Section 482 of Cr.P.C. and quashed the proceedings based on

the compromise by taking note of the relation, but the identity of the parties to

enter compromise has to be established only by the Court below.

7. In such view of the matter, the accused are directed to appear before

XIX Additional Sessions Judge, Chennai on 25.11.2021 and file a petition for

compounding offence since the offence under Section 325 of Cr.P.C. is

compoundable as per Section 2 of Cr.P.C. with the permission of the Court, the

Appellate Court can entertain the same and pass orders on merits.

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8.With the above direction, this Criminal Original Petition is disposed of.

Consequently, the connected miscellaneous petition is closed.

18.11.2021 (2/2) Index: Yes/No Internet: Yes/No Speaking order: Non-speaking order msv

To

1. The Inspector of Police E-2, Royapettah Police Station Chennai

2.The Public Prosecutor High Court, Madras.

https://www.mhc.tn.gov.in/judis Page No.5/6 Crl.O.P. No.12902 of 2017

N. SATHISH KUMAR, J

msv

Crl.O.P.No.12902 of 2017 and Crl.M.P.No.8404 of 2017

18.11.2021

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