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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Karam Singh – Appellant
Versus
Nirmal Singh – Respondent
JUDGMENT :
Gurvinder Singh Gill, J.
1. This judgment shall dispose of above-mentioned set of 4 appeals and a revision petition. The details of which are stated herein under:
Appeals against conviction:
Case No. | Parties Name | Findings of the trial Court | Relief Sought |
CRA-S-1746-SB- 2004 | Nirmal Singh Vs. State of Punjab | Convicted and sentenced to undergo RI for 7 years under Section 307 IpC | Appellant seeks acquittal |
CRA-S-2058-SB- 2004 | Shamsher Singh Vs. State of Punjab | Convicted and sentenced to undergo RI for 7 years under Section 307 IpC | Appellant seeks acquittal |
State appeal against acquittal:
CRM-A-551- MA-2004 | State of Punjab Vs. 1. Gurdev Singh (expired) 2. Kewal Singh, 3. Ajit Singh (expired) 4. Jassan Singh | Respondents stand acquitted | State seeks setting aside of respondents' acquittal and for convicting them |
State appeal for enhancement of sentence:
CRA-S254-SB 2005 | State of Punjab Vs. 1. Nirmal Singh 2. Shamsher Singh | Respondents stand convicted and sentenced to undergo RI for 7 years | State seeks enhancement of sentence imposed upon the respondents |
CRR-693-2005 | Karam Singh Vs. 1. Nirmal Singh 2. Shamsher Singh 3. Gurdev Singh (expired) 4. Kewal Singh 5. Ajit Singh (expired) 6. Jassan Singh 7. State of Punjab | Responde |
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.
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.
Court can consider compromise in non-compoundable offences when fixing the quantum of sentence, reducing it as per mutual agreement of the parties.
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