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1998 Supreme(SC) 400

1998(3) Supreme 347
Supreme Court of India
(From Allahabad High Court)
G.T. Nanavati and S.S. Mohammed Quadri, JJ.
Mohd. Rafi -Appellant
versus
State of U.P. -Respondent
Criminal Appeal No. 383 of 1998
(Arising out of SLP (Crl.) No. 107 of 1998)
Decided on 27-3-1998
Counsel for the Parties :
For the Appellant : K.K. Tyagi, P.K. Dham, Irfan Ahmad, K.R. Nagaraja, Advocates.
For the Respondent : (C.D. Singh), Advocate for A.S. Pundir, R.S. Hegde and P.P. Singh, Advocates.

Headnote:Indian Penal Code, 1860-Sec­tions 323 and 325-Conviction- Compounding of offence-Permis­sion by Court-Parties willingly and voluntarily settling matter -Permission for compounding said offences-Granted in the interest of maintaining good relations between parties-Appellant acquitted.

       Held : We have gone through the affidavits filed in this behalf by Shri Prem Singh, the neighbour of the complainant, Shyam Singh Gahlot, another neighbour of the complainant and Jamil Ahmed-brother of the complainant. All of them have stated in clear terms that the parties have willingly and voluntarily settled the matter. In order to see that good relations are maintained between the parties, we grant permission to them to compound the said offences. As a result of our granting the permission, the appellant stand acquitted and is directed to be released from jail immediately, if his pre­sence in jail is not required in connection with some other case. (Paras 4 & 5)

       

Judgment

Nanavati, J.-Leave granted.

2. The appellant was convicted under Sections 323 and 325 IPC. He had caused grievous hurt to Ahmed Hussain-respon­dent No. 2. His convic­tion was confirmed by the first appellate Court and the Revision Petition filed by him was dismissed by the High Court.

3. Learned counsel for the appellant submits that now there is a compromise between the appellant and respondent No. 2 and that compro­mise has been brought about by the persons residing in the Mohalla and near relatives. He submits that in the interest of maintaining good relations bet­ween the parties, it is desirable that this Court grants permission to compound the said offences.

4. We have gone through the affidavits filed in this behalf by Shri Prem Singh, the neighbour of the complainant, Shyam Singh Gahlot, another neighbour of the complainant and Jamil Ahmed-brother of the complainant. All of them have stated in clear terms that the parties have willingly and voluntarily settled the matter.

5. In order to see that good relations are maintained between the parties, we grant permission to them to compound the said offences. As a result of our granting the permission, the appellant stand acquitted and is directed to be released from jail immediately, if his presence in jail is not required in connection with some other case.

6. The appeal is allowed accordingly.

(H.K.) Appeal allowed.

*********

Parallel Citations of other Journals :

Mohd. Rafi v. State of U.P., 1998(3) Supreme 347

00028

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