The High Court allowed a joint application under Section 320(5) Cr.P.C. for compounding an offence. The court permitted the compromise and granted the applicant's acquittal for offences under Sections 458 and 354 IPC.
Compounding of the offence permitted; applicant acquitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 17 of 2013
---- Applicant Versus
---- Respondent
| For Applicant | : Shri Raj Bahadur Singh, Advocate |
|---|---|
| For Respondent/State | : Shri Priyank Rathi, PL |
| Complainant | : Shri Vivek Tripathi, Advocate |
Hon'ble Smt. Justice Rajani Dubey
Order On Board
17/07/2019
Heard on I.A. No. 01/2019, application under Section 320(5) of Cr.P.C.
This application has been filed jointly by the applicant as well as complainant Aarti Devi under Section 320(5) Cr.P.C. duly supported by affidavit for permission to compound the offence. In this application it has been stated that the entire dispute between them has been settled and complainant Aarti Devi, without any fear and undue influence does not further want to punish the applicant.
The statement of both the parties have been recorded by the Additional Registrar (J) and in proof, photo ID of the complainant has been filed. The incident is of the year 2012 and the parties have compromised the matter voluntarily. The applicant has served the jail
sentence of about 29 days. For the reasons mentioned in the application, I.A. No. 01/19 is allowed.
Compounding of the offence as prayed for by the parties is permitted.
Result of this compromise would be acquittal of the applicant Vinod Kumar of the offence under Sections 458 and 354 IPC. Accordingly, the revision is allowed.
Sd/-
(Rajani Dubey) Judge
suguna
1 issue framed by the court
Whether an application filed jointly by applicant and complainant under Section 320(5) Cr.P.C. for permission to compound the offence should be allowed.
1 provisions across 1 enactments
Vinod Kumar
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
