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SANJAY VASHISTH
Karnail Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. summary of factual background and charges. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. details regarding compromise applications. (Para 9 , 10 , 11) |
| 3. arguments made by parties concerning compromise. (Para 12 , 13 , 14) |
| 4. court's evaluation of the case. (Para 16 , 17 , 18) |
| 5. consideration of mitigating factors. (Para 19 , 20 , 21) |
| 6. final decision and conclusion regarding sentencing. (Para 22 , 23 , 24 , 25) |
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
This judgment shall dispose of Criminal Appeal No. CRA-S- 374-SB-2008 and Criminal Revision No. CRR-834-2009, as both are interconnected. CRA-S-374-SB-2008 has been filed against the judgment of conviction and order of sentence dated 31.01.2008, passed by learned Judge Special Court, Ludhiana, in Sessions Case No. 5 of 06.01.2003, arising out of FIR No. 192, dated 10.08.2002, under Sections 307 , 326, 325, 323/34 of IPC, registered at Police Station Jagraon, Distt. Ludhiana.
Whereas, CRR-834-2009 has been filed against the judgment of acquittal dated 31.01.2008, passed by learned Judge Special Court, Ludhiana, in Sessions Case No. 4 of 06.01.2003, arising out of cross-version under Sections 323 , 324/34 of IPC, in FIR No.192, d
Court can consider compromise in non-compoundable offences when fixing the quantum of sentence, reducing it as per mutual agreement of the parties.
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.
Settlements between the parties in non-compoundable offences can be considered for determining the quantum of sentence to be awarded.
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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