Wazidalishah & Anr. Vs. State of Madhya Pradesh.
EmailAppeal: Criminal Appeal No. of 1987.
(In SLP 2037 of 1987.
(In SLP 2037 of 1987.
Petitioner: Wazidalishah & Anr.
Respondent: State of Madhya Pradesh.
Apeal: Criminal Appeal No. of 1987.
(In SLP 2037 of 1987.
(In SLP 2037 of 1987.
Judges: A.P.SEN & L.M.SHARMA,JJ.
Date of Judgment: Dec 07, 1987
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973; section 320(2) – Indian Penal Code, 1860; section 324 – Parties allowed to compound the offence.
JUDGEMENT:
O R D E R
1. Special leave granted.
2. We see no reason why the application moved by the appellants under s.320(2) of the Code of Criminal Procedure, 1973 should not be granted. Appellant No.2 Babushan is a fakeer of the locality and the appellants and the complainants are close neighbours. Apparently the parties now bear good relations and want to preserve peace and amity in the neighbourhood and want leave of the Court to compound the offence under s.324 of the Indian Penal Code, 1860. There is no doubt whatever that the appellants were guilty of an offence punishable under s.324 of the Indian Penal Code and therefore the offence can be allowed to be compounded subject to terms.
3. Accordingly, the appeal is allowed. The parties are allowed to compound the offence and the judgment and sentence passed by the High Court and the Courts below convicting the appellants under s.324 of the Indian Penal Code are set aside, on condition that they pay Rs.1,000 each to P.W.2 Shabirab and P.W.9 Mst. Afsarbi as compensation for the injuries sustained by them within two months from today. Failure to comply with this condition will entail restoration of the judgment and sentence passed by the Courts below and the appellants will be taken into custody forthwith.
Appeal allowed.
1. Special leave granted.
2. We see no reason why the application moved by the appellants under s.320(2) of the Code of Criminal Procedure, 1973 should not be granted. Appellant No.2 Babushan is a fakeer of the locality and the appellants and the complainants are close neighbours. Apparently the parties now bear good relations and want to preserve peace and amity in the neighbourhood and want leave of the Court to compound the offence under s.324 of the Indian Penal Code, 1860. There is no doubt whatever that the appellants were guilty of an offence punishable under s.324 of the Indian Penal Code and therefore the offence can be allowed to be compounded subject to terms.
3. Accordingly, the appeal is allowed. The parties are allowed to compound the offence and the judgment and sentence passed by the High Court and the Courts below convicting the appellants under s.324 of the Indian Penal Code are set aside, on condition that they pay Rs.1,000 each to P.W.2 Shabirab and P.W.9 Mst. Afsarbi as compensation for the injuries sustained by them within two months from today. Failure to comply with this condition will entail restoration of the judgment and sentence passed by the Courts below and the appellants will be taken into custody forthwith.
Appeal allowed.
