Point of Law: Court while exercising power under Section 482 Cr.PC can proceed to compound offence even after recording of judgment of conviction and order of sentence.

JUDGMENT :

Sandeep Sharma, J.

Instant Criminal Revision petition filed under Section 397 of the Code of Criminal Procedure, lays challenge to judgment dated 18.12.2021 passed by learned Additional Sessions Judge, Sundernagar, District Mandi, H.P., in Criminal Appeal No.117 of 2018, affirming the judgment of conviction dated 22.06.2018 and order of sentence dated 28.06.2018, passed by learned Additional Chief Judicial Magistrate, Court No.1, Sundernagar, District Mandi, H.P., in Police Challan No.262-I of 2013/81-II/2013, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Sections 354 and 451 of IPC, convicted and sentenced him, as per the description given hereinbelow:-

2. Precisely, the facts of the case, as emerge from the record are that FIR No.70 of 2013, dated 1.4.2013, under Sections 452 and 354 of IPC, came to be registered at police Station, Sundernagar, District Mandi, H.P., on the complaint made by complainant Smt. Kala Devi, who alleged that on 31.03.2013, her husband and others had gone to Nerad at the house of Raj Kumar, who was constructing a house. Complainant alleged that her brother-in-law finding her alone attempted to outrage her modesty. She alleged that accused not only unauthorizedly entered her room but also behaved indecently. On the basis of aforesaid complaint, police lodged the FIR and presented the challan in the competent court of law under Sections 452 and 354 of IPC.

3. Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Sections 452 and 354 of IPC and accordingly, convicted and sentenced him as per the description given hereinabove.

4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence recorded by trial court, present petitioner-accused preferred an appeal in the Court of learned Additional Sessions Judge, Sundernagar, District Mandi, H.P., but same was dismissed vide judgment dated 18.12.2021. In the aforesaid background, petitioner-accused has approached this Court in the instant proceedings, praying therein for his acquittal after quashing and setting aside the impugned judgments and order of sentence passed by learned Courts below.

5. Vide order dated 2.09.2022, this Court suspended the substantive sentenced imposed by the Court below, subject to the applicant’s depositing fine amount, if not already deposited, within a period of four weeks and furnishing personal bonds in the sum of Rs. 50,000/- within one surety in the like amount to the satisfaction of learned trial Court. Though, aforesaid order stands duly complied with, but before the case at hand could be heard and decided on its own merit, parties have entered into the compromise, whereby they have resolved to settle their dispute amicably interse them. In the aforesaid background, petitioner-accused approached this Court by way of an application bearing Cr.MP No.23 of 2023 under Section 482 Cr.P.C., praying therein for quashing of FIR No.70 of 2013, dated 1.4.2013, under Sections 452 and 354of IPC, registered at police Station, Sundernagar, District Mandi, H.P as well as judgment of conviction and order of sentence recorded against him, on the basis of the compromise.

6. Vide order dated 7.01.2023, this Court directed the respondent-State to verify factum with regard to compromise and also called upon the complainant to come present in Court. Though, instructions of the respondent-State are still awaited, but respondent-complainant Smt. Kala Devi has come present in person and has