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PREM NARAYAN SINGH
Govind Singh S/o Gajraj Singh Rajput – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
PREM NARAYAN SINGH, J.
1. The present appeal is filed against the judgment conviction and sentence dated 22.12.2022, passed by Special Judge, Mandsaur in Sessions Trial No. 79/2017, whereby, the appellants have been convicted under sections 459 & 307/34 of IPC and sentenced to undergo 5-5 years of R.I. (each) with fine of Rs. 2000/- for each offence respectively with default stipulations.
2. Before this Court, both the parties have filed an application for compounding the offences.
3. The said application was sent for verification before the Principal Registrar of the Court. In compliance to the said order, the appellants were produced before the Principal Registrar in Escort and complainants also appeared before the Principal Registrar. The compromise was verified and a report dated 30.11.2023 has been submitted that accused/appellants and the complainants have entered into compromise with mutual consent. There is no dispute remaining between the accused/appellants and the complainants.
4. Counsel for the appellant submits that so far as sentence is concerned, the appellants have already undergone jail sentence of one year approximately. The incident had taken place in the y
The compromise between the parties can be considered for the reduction of sentence, even in non-compoundable cases, based on the principles established in previous judgments.
The court may reduce the sentence based on a compromise between the parties, even if the offence is non-compoundable, to meet the ends of justice.
Court can reduce sentencing for non-compoundable offences when parties reach consensus, considering the personal nature of the offences and mutual resolution.
The compromise between the parties can be considered for the reduction of the sentence, especially when the offence is of a personal nature and not affecting the society at large.
The court established that a compromise between parties can influence sentencing, even in cases involving serious offences, provided it is considered alongside other mitigating factors.
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