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ROBIN PHUKAN
Tade Maying, S/o. Tabu Alias Niabu Maying – Appellant
Versus
State Of AP, Through Public Prosecutor – Respondent
JUDGMENT :
1. I have heard Mr. M. Pertin, learned senior counsel, assisted by Mr. K. Dabi, learned counsel, appearing on behalf of accused-appellant, and Mr. G. Tado, learned Additional Public Prosecutor, Arunachal Pradesh, for the respondent No. 1 and Mr. M. Tunar, learned counsel for the respondent No. 2 (victim).
2. This appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment and order, dated 30-06-2022, passed by learned Additional Sessions Judge, West Sessions Division, Basar, District Leparada, Arunachal Pradesh. It is to be noted here that vide the impugned judgment and order, dated 30-06-2022, the learned Court below has convicted the appellant in Sessions Case No. 03/2018, under Section 307 of the IPC and sentenced him to suffer rigorous imprisonment for three years with a fine of Rs.10,000/-, with default stipulation.
3. The factual background leading to the filing of the present appeal is adumbrated herein below:
The court can quash criminal proceedings and allow the compound of offences based on an amicable settlement, even for non-compoundable offences, in the interest of securing the ends of justice.
Offences which are non-compoundable cannot be compounded by a criminal Court under Section 320 of Cr.P.C. – However, there is scope of compounding offences by invoking inherent powers of High Court v....
The court can allow the compounding of non-compoundable offences based on the settlement between the parties, considering the nature of the dispute and the impact on the parties involved.
(1) For deciding just and appropriate sentence to be awarded for an offence, aggravating and mitigating factors and circumstances of which crime has been committed are to be taken into consideration ....
The court has the discretion to allow the compounding of offences based on the nature of the dispute and the settlement between the parties, as per the principles laid down by the Hon’ble Supreme Cou....
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