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1981 Supreme(SC) 283

SUPREME COURT OF INDIA
RAM SHANKER
Versus
State of Uttar Pradesh
Decided on, April 24, 1981

Headnote:

Indian Penal Code, 1860 – Section 325/34 - Compounded the offence - Charge framed against him - After hearing counsel for the parties court find that it was not a case Indian Penal Code at all –Court therefore convert conviction of appellant Ram from one Indian Penal Code to that - An application has been made by both parties that offence may be compounded - In circumstances therefore so far as offence – Held, Indian Penal Code is concerned court sanction compounding of offence as parties have settled their differences and acquit Ram of charge framed against him - Offence Indian Penal Code is compoundable without permission of court and as Kumar have compounded offence they are acquitted of charges framed against them – Order accordingly

( 1 ) AFTER hearing counsel for the parties, we find that it was not a case under S. 307, Indian Penal Code at all. We, therefore, convert the conviction of appellant Ram Shanker from one under S. 307, Indian Penal Code to that under S. 325/34, IPC. An application has been made by both the parties that the offence may be compounded. In the circumstances, therefore, so far as the offence under S. 325/34, Indian Penal Code is concerned, we sanction the compounding of the offence as the parties have settled their differences and acquit Ram Shanker of the charge framed against him. The offence under S. 323, Indian Penal Code is compoundable without permission of the court, and as Sheo Shanker and Nand Kumar have compounded the offence, they are acquitted of the charges framed against them.

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