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PREM NARAYAN SINGH
Bablu – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
1. Both the criminal appeals were heard analogously being arising out of the same crime number and are being decided with the common order.
2. The present appeals have been filed against the judgment of conviction and sentence dated 13.7.2023, passed by the 4th Additional Sessions Judge, Indore in Sessions Trial No.1600436/2014, whereby, the appellants have been convicted under sections 420, 467, 168 of IPC and sentenced to undergo 07, 10 and 07 years with fine of Rs.1000/- for each offences respective with default stipulations. In addition, the appellant Bablu has also been convicted and sentenced under Section 465 r/w 471 of IPC and sentenced for 02 years R.I. with fine of Rs.1000/- alongwith default stipulations.
3. As per the prosecution case, the allegations against the appellants is that Bablu and Rajesh alongwith other co-accused persons namely Rajesh and Mittal have hatched a conspiracy and sale out the plot of the complainant on the basis of forged and fabricated Mukhtiyarnama by keeping present another person on behalf of the complainant before the registry officer. Hence, on the complaint of the complainant, the offence was registered against the appellants and co-
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.
Compromise between parties can lead to sentence reduction for non-compoundable offences if no public interest is involved.
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 main legal point established is that post-conviction compromises, if voluntary and not coerced, can justify quashing of convictions and proceedings to secure the ends of justice.
The court held that in exceptional cases, compromises can influence sentencing even for non-compoundable offenses, focusing on justice and social harmony.
Court can reduce sentencing for non-compoundable offences when parties reach consensus, considering the personal nature of the offences and mutual resolution.
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