Compromise between parties can lead to sentence reduction for non-compoundable offences if no public interest is involved.

JUDGMENT :

PREM NARAYAN SINGH, J.

1. This criminal appeal is preferred under section 374 of Cr.P.C. by the appellant being aggrieved by the judgment dated 25.01.2022, passed by Tenth Additional Sessions Judge, Indore, District Indore (M.P.), in S.T. No.1271/2012 whereby appellant has been convicted for the offence punishable under Sections 420, 467, 468 of IPC, 1860 and sentenced to undergo 7 years, 10 years and 7 years R.I. with fine of Rs.25,000/-, Rs.50,000/- and Rs.25,000/- respectively and usual default stipulations.

2. Prosecution case in nutshell is that on 27.07.2012, complainants Hullas Jain (P.W.3) and Mahendra Jain (P.W.4) filed a written complaint (Ex.P.11) that on 18.07.2011 appellant Babusingh pretending himself as the owner of property ad-measuring 1.681 acre of land situated at Indore bearing survey Nos.278/1/1, 121/2, 305/02 entered into an agreement of sale with the complainant Mahendra Jain (P.W.4) and in return total amount of Rs.18,00,000/- was paid to appellant by Mahendra Jain vide two ICICI Bank cheques dated 10.07.2011, 20.07.2011 for CRA-1140-2022 Rs.1,50,000/- & Rs.5,50,000/- respectively and cash of Rs.11,00,000/-, for sale consideration. Thereafter on the same day appellant appointed complainant Hullas Jain (P.W.3) as common agent and executed a registered Power of Attorney on the basis of which Hullas Jain discharged the land bearing survey No.278/1/1 in favour of Mahendra Jain. It is further alleged that on 29.05.2012 when Mahendra Jain tried to execute the aforesaid sale deed, it was found the said land was already sold to one Kannaiyalal via sale deed dated 27.11.2009. It was also revealed that the same land was also sold to other three persons namely Smt. Chetna W/o. Dharmendra Gangwal (P.W.14), Dharmendra S/o. Sohanlal and Jitendra S/o. Sohanlal vide registration dated 12.05.2009. Other survey nos.121/02 and 305/02 were also found to be already sold to Kannaiyalal vide registration dated 26.03.2011. Thus appellant committed forgery with the complainants by selling the land already sold to some other person and took money from the complainants to the tune of Rs.18,00,000/-. On the basis of which FIR was registered as crime No.308/2012 at Police Station Kudel, District Indore against the appellant.

3. During investigation, requisite documents such as forged sale deeds, I.D. cards, bank account statements etc., were recovered. The statement of witnesses were recorded under Section 161 of Cr.P.C. After completion of investigation, charge-sheet was filed under Sections 420, 467, 468 of IPC, 1860. The matter was committed to the Court of sessions.

4. The learned trial Court, after considering the evidence and material available on record has convicted the appellant, as stated above in para No. 1 of CRA-1140-2022 this order.

5. Before this Court, both the parties have filed applications for compounding the offences.

6. The said applications were sent for verification before the Principal Registrar vide order dated 11.11.2024. In compliance of the said order, the compromise was verified vide report dated 25.11.2024 in which it is mentioned that accused/appellant and the complainants have entered into compromise with mutual consent. There is no dispute remaining between the accused/appellant and the complainant.

7. Counsel for the appellant submits that so far as sentence is concerned, the appellant is an old person aged about 72 years and he has already undergone jail sentence of approximately more than two year and eight months and the incident had taken place in