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2022 Supreme(SC) 511

B. R. GAVAI, HIMA KOHLI
Guhan – Appellant
Versus
State Represented By Inspector of Police – Respondent


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

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


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