Rajinder Singh vs State (Delhi Administration)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1980 Supreme(SC) 283

SUPREME COURT OF INDIA
N.L. UNTWALIA AND P.N. SHINGHAL, JJ.
Rajinder Singh, Appellant
Versus
The State (Delhi Administration), Respondent.
Civil Appeal No. 373 of 1980
Decided on 9-5-1980.

Headnote:
Indian Penal Code, 1860 - Section 452 and 325 - Code of Civil Procedure, 1908 - Section 320 (8) - Permission To Parties To Compound - Former Offence Can Be Compounded - Aggrieved Party Compromised This Case - Petitioner and aggrieved party parties have compromised this case - Conviction of petitioner is under Sections 325 and 452 I. P. C. former offence can be compounded with permission of court – Held, Court grant permission to parties to compound said offence - Effect of that is acquittal of petitioner in view of provision of law contained in S. 320 (8) of Cr. P. C. for offence under Section 325 - Other offence under Section 452 is not compoundable - Under circumstances while maintaining conviction of petitioner under said provision of law we reduce sentence to period already undergone - Order Accordingly.

JUDGMENT

ORDER:—As stated by the counsel for the petitioner and the aggrieved party the parties have compromised this case. The conviction of the petitioner is under Sections 325 and 452, I.P.C. The former offence can be compounded with the permission of the court. We grant permission to the parties to compound the said offence. The effect of that is the acquittal of the petitioner in view of the provision of law contained in S. 320 (8) of Cr. P.C. for the offence under Section 325.

2. The other offence under Section 452 is not compoundable. Under the circumstances, while maintaining conviction of the petitioner under the said provision of law we reduce the sentence to the period already undergone. He may be released forthwith.

Order accordingly.

For Citation : AIR 1980 SC 1200

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