The High Court declined a petition to compound offences pending before an appellate court. It directed that the compromise be pleaded before the appellate court for consideration.
Petition disposed with liberty to plead compromise before the appellate court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.-M No. 13686 of 2012
Date of decision : 05.02.2013
Balwinder Singh @ Binda
.....Petitioner
VERSUS
State of Punjab and others
....Respondent
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
Present: Mr. Vivek Thakur, Advocate for the petitioner.
Mr. Deepak Balyan, Addl. AG, Punjab for the State.
RANJIT SINGH, J.
The prayer in the petition is to permit compounding of the offences on the basis of compromise entered into between the parties. The appeal filed by the petitioner is still pending before the Lower Appellate Court.
While issuing notice of motion, passing of the final order has been stayed. Once the appeal is pending, it will be appropriate for the parties to plead this compromise before the appellate Court, which is well within its jurisdiction to take compromise into consideration. This Court normally would be taking cognizance of such compromise if any matter is pending before this Court and not in cases where the appeal is still pending and is being adjudicated.
Criminal Misc.-M No. 13686 of 2012
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The present petition is, accordingly, disposed of with liberty to plead this compromise before the appellate Court, which shall take this fact in to consideration and pass an appropriate order,
accordingly.
February 05, 2013 rts
( RANJIT SINGH ) JUDGE
1 issue framed by the court
Whether a petition to permit compounding of offences based on compromise can be granted when an appeal is still pending before the lower appellate Court.
Balwinder Singh @ Binda
State of Punjab
RANJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
