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SANJAY VASHISTH
Raghbir Singh (Since Deceased) through LRs – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. case background; involvement of convict parties. (Para 1 , 2 , 3 , 4) |
| 2. trial court's findings on guilt regarding primary charges. (Para 5 , 6) |
| 3. arguments centered around compromise resolution. (Para 12 , 13 , 14) |
| 4. legality of compounding post-conviction context. (Para 17 , 21) |
| 5. modification of sentence reflective of compromise. (Para 22 , 23 , 24) |
JUDGMENT
Sanjay Vashisth, J.
By this judgment and order, I propose to dispose of two Criminal Appeal Nos. CRA-S-1241-SB-2005 and CRA-S-1282-SB-2005, which have arisen out of a case of version and cross-version, as detailed hereunder:
CRA-S-1241-SB-2005:
1(i). Impugning the judgment of conviction dated 09.07.2005 and order of sentence dated 12.07.2005, passed by learned Additional Sessions Judge (Adhoc), Fast Track Court, Kurukshetra, in Sessions Case No. 42 of 2004, instituted on 22.03.2002/08.04.2004, in case FIR No. 294, dated 29.11.2001, under Sections 148 , 307, 323, and 506 read with 149 IPC, and Section 25 of the ARMS ACT , registered at Police Station Pehowa, all the seven convicts/appellants in the said sessions case filed this appeal. Their names are:
High Court can quash post-conviction for non-heinous private offences like grievous hurt upon family compromise using inherent powers to ensure harmony and justice.
The court has inherent powers to quash convictions based on compromise, considering the voluntariness of the settlement and the absence of public disturbance.
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