Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 511

SUPREME COURT OF INDIA
B.R. GAVAI, HIMA KOHLI, JJ.
Guhan – Appellant
Versus
State Represented By Inspector of Police – Respondent
Criminal Appeal No. 884 OF 2022 (@ S.L.P.(Crl.) No. 5512 of 2022 @ Diary No. 10588 of 2020) With Criminal Appeal No. 885 OF 2022 (@ S.L.P.(Crl.) No. 4615 of 2021)
Decided On : 01-06-2022

Advocates appeared:
For the Petitioner(s):Karunakaran, K. Balambihai, Anoop Prakash Awasthi, Advocates
For the Respondent(s):Joseph Aristotle S., Nupur Sharma, Sanjeev Kumar Mahara, Advocates

IMPORTANT POINT
Power under Article 142 of Constitution of India can be exercised by Apex Court to compound offence.

Headnote:
Indian Penal Code, 1860 – Sections 307/149 – Constitution of India – Article 142 – Attempt to murder – Common object – Conviction and sentence – During pendency of these proceedings, sister of injured has married accused-appellant – Accused persons as well as injured are all residents of same locality – In order to bring peace and in order to live cordially, present applications have been filed – Appellants have already undergone sentence of more than 18 months – In peculiar facts and circumstances of this case, particularly when there is a marriage within families of injured and accused, it is a fit case wherein Apex Court could exercise its power under Article 142 of Constitution of India – Parties permitted to compound offence. (Paras 4, 5 and 6)
Facts of the case:
Present applications have been filed by appellants for permission to compound the offence and set aside order of conviction and sentence dated 16th June, 2010 passed by Additional District and Sessions Court, Chennai and upheld by High Court of Madras vide the impugned order. The appeals have been filed challenging the judgment and order passed by the High Court of Madras dated 27.08.2019 by which Division Bench of the High Court, while confirming conviction under Sections 307 read with 149, IPC has reduced sentence to three years.
Findings of Court:
Sentence as directed by High Court is further modified to the period already undergone. The accused who are in jail shall be released forthwith, if not required in connection with any other case. The bail bonds of the accused who are on bail shall stand discharged.
Result : Appeals disposed of.

ORDER

Delay condoned.

2. Applications for impleadment are allowed.

3. Leave granted.

4. The present applications have been filed by the appellants for permission to compound the offence and set aside the order of conviction and sentence dated 16th June, 2010 passed by the Additional District and Sessions Court, Chennai and upheld by the High Court of Madras vide the impugned order.

5. The appeals have been filed challenging the judgment and order passed by the High Court of Madras dated 27.08.2019 by which the learned Division Bench of the High Court, while confirming the conviction under Sections 307 read with 149, IPC has reduced the sentence to three years.

6. During the pendency of these proceedings, the sister of the injured-PW-2 has married the accused No. 3 (Guhan). The accused persons as well as the injured are all residents of the same locality. In order to bring peace and in order to live cordially, the present applications have been filed. The appellants have already undergone sentence of more than 18 months.

7. In the peculiar facts and circumstances of this case, particularly when there is a marriage within the familes of the injured and the accused, we consider it a fit case wherein this Court could exercise its power under Article 142 of the Constitution of India.

8. We, therefore, permit the parties to compound the offence. The sentence as directed by the High Court is further modified to the period already undergone. The accused who are in jail shall be released forthwith, if not required in connection with any other case.

9. The bail bonds of the accused who are on bail shall stand discharged.

10. The Appeals are disposed of accordingly.

11. Pending application(s), if any, shall stand(s) disposed of.

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