Criminal appeal against conviction under Sections 148, 323 and 341 IPC. Appellants and injured victims filed a joint compromise memo; the court relied on Gian Singh to compound the offences, set aside the sentences and allowed the appeal.
Convictions compounded on joint memo; sentences set aside; appeal allowed.
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____________ CRL.A. No.424/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 01.08.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
CRL. A. NO. 424 OF 2022
.. Appellants
- Vs -
State, rep. by Inspector of Police Mylam Police Station Villupuram District.
.. Respondent
Criminal Appeal filed u/s 374 (2) Cr.P.C. praying this Court to call for the
records made in S.C. No.38 of 2019 on the file of the II Addl. District &
Sessions Judge, Villupuram @ Tindivanam and set aside the same as illegal.
For Appellants : Mr. R.Sankarasubbu For Respondent : Ms. G.V.Kasthuri
____________ CRL.A. No.424/2022
JUDGMENT
The present appeal has been directed against the conviction and
sentence dated 29.03.2022 passed by the learned II Addl. District & Sessions Judge, Villupuram @ Tindivanam, in S.C. No.38/2019.
____________ CRL.A. No.424/2022
compound the offence in terms of the memo of joint compromise entered
into between the appellants and the victims.
fairly submits that the offences for which the appellants have been convicted and sentenced are compoundable and, therefore, this Court may compound the sentences based on the joint compromise entered into between the appellants and the victims.
____________ CRL.A. No.424/2022
(10) SCC 303) has held that the High Court is clothed with power to compound such of the offences, which have been specified as non-compoundable offences under the provisions of Section 320 of the Code. The relevant portion of the said decision is quoted hereunder :-
“48. A five-Judge Bench of the Punjab and Haryana High Court in Kulwinder Singh – Vs – State of Punjab (2007 (4) CTC 769) was called upon to determine, inter alia the question whether the High Court has the power under Section 482 of the Code to quash the criminal proceedings or allow the compounding of the offences in the cases which have been specified as non-compoundable offences under the provisions of Section 320 of the Code. The five-Judge Bench referred to quite a few decisions of this Court including the decisions in adhu Kimaye, Bhajan Lal, L.Muniswamy, Simrikhia, B.S. Joshi and Ram Lal and framed the following guidelines :-
(d) Minor offences as under Section 279 IPC may be permitted to be compounded on the basis of legitimate settlement between the parties. Yet another offence which remains non-compoundable is Section 506 (II) IPC, which is punishable with 7 years imprisonment. It is the judicial experience that an offence under 506 IPC in most cases is based on the oral declaration with different shades of
____________ CRL.A. No.424/2022
intention. Another set of offences, which ought to be liberally compounded, are Sections 147 and 148 IPC, more particularly where other offences are compoundable. It may be added here that the State of Madhya Pradesh vide M.P. Act 17 of 1999 (Section 3) has made Section 506 (II) IPC, 147 IPC and 148 IPC compoundable offences by amending the schedule under Section 320 Cr.P.C.
by the appellants, have, on their own volition, come forward to enter into the compromise and they have shown their willingness to compound the offence and in such a scenario, there could be no impediment for this court to compound the offences u/s 323 and 341 IPC.
____________ CRL.A. No.424/2022
the other offences are also compoundable and, therefore, applying the above decision to the case on hand, the victims and the appellants having entered into a legitimate joint compromise and have also filed a memo to the said effect, recording the said memo of compromise entered into between the victims and the appellants, the offences for which the appellants have been convicted and sentenced are compounded in terms of the joint memo.
proof of the victims, filed before this Court, shall form part of the records.
01.08.2024
Index : Yes/ No GLN
____________ CRL.A. No.424/2022
To
Villupuram @ Tindivanam.
High Court, Madras.
____________ CRL.A. No.424/2022
M.DHANDAPANI, J.
GLN
CRL. A. NO.424 OF 2022
01.08.2024
____________ CRL.A. No.424/2022
1 issue framed by the court
Can the offences u/s 323 and 341 IPC and related offences be compounded based on a joint compromise between appellants and victims pending appeal?
Colour shows how this judgement treated each authority
Gian Singh vs State of Punjab & Anr.Relied on¶6
Gian Singh – Vs – State of Punjab & Anr. (2012 (10) SCC 303) · Who else cites this
Kulwinder Singh vs State of PunjabReferred
Kulwinder Singh – Vs – State of Punjab (2007 (4) CTC 769)
3 provisions across 1 enactments
Selvaseeman
Rajkamal
Jagadeesan
Kuppusamy
Naveenraj
Karthik
M.Dhandapani
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