NAZIDALISHAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Special leave granted.

(2.) We see no reason why the application moved by the appellants under S. 320 (2 of the Code of Criminal Procedure, 1973 should not be granted. Appellant 2 Rabushan is a fakeer of the locality and the appellants and the complainants are close neighbors. Apparently the parties now bear good relations and want to preserve peace and amity in the neighborhood and want leave of the court to compound the offence under S. 324 of the Indian Penal Code, 1860. There is no doubt whatever that the appellants were guilty of an offence punishable under S. 324 of the Indian Penal Code and therefore the offence can be allowed to be compounded subject to terms.

(3.) Accordingly, the appeal is allowed. The parties are allowed to compound the offence and the judgment and sentence passed by the high court and the courts below convicting the appellants under section 324 of the Indian Penal Code are set aside, on condition that they pay Rs. 1,000. 00 each to Public Witness 2 Shabirah and Public Witness 7 Mst. Afsarbi as compensation for the injuries sustained by them within two months from today. Failure to comply with this condition will entail restoration of the judgment and sentence passed by the courts below and the appellants will be taken into custody forthwith.