Ashok v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- October 24, 2017 Ashok

...Petitioner

Versus

State of Haryana and another

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Rahul Gautam, Advocate for the petitioner. Mr. Neeraj Poswal, Assistant Advocate General, Haryana. Mr. Ajaivir Singh, Advocate for the complainant. *** Accused Ashok and Sumit were convicted by Judicial Magistrate, Ist Class, Gohana for offences under Sections 323 and 325 of the Indian Penal Code, whereas the co-accused Rakesh was acquitted of the charge framed against him, vide judgment dated 2.11.2015. Both the convicts were sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of `500/- each and in default of payment of fine to undergo further rigorous imprisonment for three months under Section 323 IPC and as regards offence under Section 325 IPC they were sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of `1,000/- each and in default of payment of fine to further undergo

rigorous imprisonment for six months. Both the sentences were ordered to run concurrently. The convicts had filed an appeal which was dismissed by Additional Sessions Judge, Sonipat vide judgment dated 24.7.2017, therefore, they have approached this Court by way of filing the separate Revision Petitions.

Notice of the Revision Petition was given to the State. State has appeared through State counsel, whereas complainant has put in appearance through counsel.

It is stated that accused-convict Ashok has entered into a settlement with complainant injured Anil Kumar. The application for permission to compound offences has been filed along with affidavit of Anil Kumar under Section 320 Cr.P.C. Offence under Section 323 IPC can be compounded by the person to whom hurt has caused whereas offence under Section 325 IPC can also be compounded by that person, however, permission of the Court is required for that purpose. Under sub section 6 of Section 320 Cr.P.C. High Court or Court of Sessions in exercising its powers in Revision under Section 401 Cr.P.C may allow any person to compound any offence which such person is competent to compound under this Section to promote peace and in order to enable the parties to live in harmony.

I find sufficient grounds to permit petitioner Ashok and complainant-injured Anil Kumar to compound offences. Resultantly, the judgment passed by the trial Magistrate convicting and sentencing the accused Ashok as well as judgment passed by the Additional Sessions Judge dismissing his appeal are set aside by way of acceptance of the Revision

Petition and he is acquitted of the charge framed against him. He be set at liberty, if he is not required in any other case. (H.S. MADAAN) JUDGE October 24, 2017 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No