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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Narinder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J. -
FIR No. | Dated | Police Station | Sections |
78 | 21.07.2001 | Kathunangal, Majitha, Amritsar | 307, 326, 324, 323, 506 r/w 34 IPC |
Case No. | SC No. 176/2005 Sessions Trial No. 29/2006 Date of Decision: 07.08.2006 |
Convict's name | Penal provision | Sentence |
Narinder Singh | 307/34, 326, 324, 323/34 IPC | Substantive sentence: RI for six years |
Santokh Singh | 307, 326/34, 324, 323 IPC | Substantive sentence: RI for six years |
1. The convicts/appellants had been convicted and sentenced in the matter captioned above, has come up before this court by filing the present appeal for setting aside of their conviction and order of sentence by filing appeal.
2. In the above-captioned sessions trial, Narinder Singh and Santokh Singh- accused were prosecuted for committing an offense punishable under Sections 307 r/w 34 IPC. Vide judgment dated 07.08.2006, persons, namely Narinder Singh and Santokh Singh (appellants), were found guilty and were convicted under Sections 307, 307/34, 326, 326/34, 324, 323, 323/34 IPC and sentenced accordingly.
3. During the pendency of the appeal, the appellants filed an application under Section 528 BNSS, claiming that they have settled their dispute with the victim /private resp
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.
The main legal point established in the judgment is that even if an offense is non-compoundable, the court may allow the appeal to be compounded in cases involving a personal nature of dispute, peace....
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