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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Pintu @ Harvansh Singh – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
PREM NARAYAN SINGH, J.
1. The present appeal has been filed on behalf of the appellant under Section 374 being crestfallen by the order dated 27.02.2019 passed in Sessions Trial No. 682/2015, whereby the appellant has been convicted for the offence under Sections 498 -A and 307 of the Indian Penal Code, 1860 (hereinafter referred as to ' IPC ') for 1 year & 6 months R.I. and 03 years R.I. with fine of Rs.500/- and Rs.1,000/- and default stipulations.
2. The Prosecution case in a nutshell is that on 07.05.2015 at night from 01:30 to 02:00, the husband/Pintu @ Harvanshsingh of Kavita strangulated her neck with intention to kill her. Due to which, her breathing was stopped. After too much struggle, she released herself from Pintu/husband and on shouting her, Manjeet Kaur, Manpreet Kaur, Jasveer kaur reached on the spot, who interfered and safe Kavita. They admitted her in the hospital. An FIR was lodged by the complainant bearing Crime No. 319/2015 for the offence punishable under Sections 307 & 498-A of IPC at Police Station Pardeshipura, District Indore. After completion of investigation, charge-sheet was filed and the case was committed to the Session Judge. Thereafter
Court can reduce sentencing for non-compoundable offences when parties reach consensus, considering the personal nature of the offences and mutual resolution.
Compromise between parties can lead to sentence reduction for non-compoundable offences if no public interest is involved.
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.
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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