The court has the power to compound non-compoundable offences under Article 142 of the Constitution and Section 482 of Cr.P.C. based on the voluntary nature of the compromise and absence of likelihood of repetition of the incident.

JUDGEMENT

1. By the medium of the instant criminal appeal, appellant/convict seeks quashment of the judgment of conviction dated 22.05.2015 and order of sentence dated 27.05.2015 rendered by the Court of Ld. Principal Sessions Judge Rajouri (for brevity, 'the trial Court') in Criminal challan titled State of J&K v. Mehmood Khan, whereby, the appellant has been convicted for commission of offences punishable under sections 307 & 201 RPC and sentenced to undergo rigorous imprisonment for three (03) years and fine of Rs. 25,000/- under section 307 RPC and rigorous imprisonment for one (01) year and fine of Rs. 2000 under section 201 RPC.

2. Aggrieved of and dissatisfied with the impugned judgment of conviction, appellant/convict has questioned it's legality, propriety and correctness on the grounds, that the learned trial Court has not appreciated the evidence in it's right perspective and has ignored the material irregularities and improvements made by the witnesses during their depositions before the trial Court.

3. Allegations against appellant/convict as emerge out from the prosecution case are, that on 17.06.2004 a telephonic message was received at Police Station Darhal from Darhal Hospital to the effect that one Yasmeen Akhter has been admitted in the Hospital in an injured condition, on receiving the said information, a report was entered in Roznamcha whereby police recorded the statement of said Yasmeen Akhter who stated that she was married with Mehmood Ahmed (appellant herein) and for the last 4/5 years he had divorced her, out of their wedlock one child was born who is in her custody, "that on 17.06.2004 at 9/9.30 pm she alongwith her mother and child were at home and abruptly noise of knocking at the door came, on asking, it was said that he is Mehmood, she opened the door and the appellant fired on her which hit on her chest, she fell down and blood started oozing out, on this her mother cried and shut the door, thereafter some persons came and she was taken to hospital at Darhal."

4. Learned counsel for the appellant has submitted that during the pendency of the instant appeal, compromise has been arrived between the appellant and his wife namely Yasmeen Akhter (complainant) and now they are residing together a happy married life and the pendency of the instant appeal is coming in the way of their matrimonial life.

5. Pursuant to the order of this Court dated 20.10.2022, the Registrar Judicial has recorded the statements of the appellant and Yasmeen Akhter (complainant) on oath, the same are placed on record and read as under:-

Statement of Mehmood Khan (appellant); Age: 51 years; S/o Sikander Hussain; R/o Shahdhara Sharief, Tehsil Thanamandi, District Rajouri, on oath today i.e. 20.10.2022 :-

Stated, that I have amicably resolved all disputes and issues with complainant - Yasmeen Akhter. A compromise deed dated 01.07.2022, duly attested on 01.07.2022 before Notary, Jammu, has also been executed between us in this regard. In view of our compromise, I pray before the Hon'ble Court to set aside the judgment / order of conviction and sentence dated 27.05.2015 passed by the learned Principal Sessions Judge Rajouri in case file no. 70/ Challan titled "State v/s Mehmood Khan" for offence u/s 307/201/120-B RPC and 7/27 of Arms Act and compound the offences in the interest of justice.

Statement of Yasmeen Akhter (complainant); Age: 43 years; W/o Mehmood Khan; R/o ShahdharaSharief, Tehsil Thanamandi, District Rajouri, on oath today i.e. 20.10.2022

Stated, that I have amicably resolved all disputes and issues with my husband namely - Mehmood Khan. A compromise deed dated 01.07.2022, duly attested on 01.07.2022 before Notary, Jammu, has also been executed between us in this regard. In view of our compromise, I pray before the Hon'ble Court to set aside the judgment/order of conviction and sentence dated 27.05.2015 passed by the learned Principal Sessions Judge Rajouri in case file no. 70/ Challan titled "State v/s Mehmood Khan" for of