MOONLIGHT AGENCY Vs. BHAGWAN DAS

JUDGEMENT

(1.) The petitioner has challenged the order passed by the learned 8th Additional Sessions Judge, Durg whereby application moved for compromise between the petitioner and the complainant after recording of conviction by the learned trial Court, has been rejected.

(2.) The case, in nutshell, is that a complaint case under Sec. 200 of the Cr.P.C. was filed against the petitioner by the original complainant, namely, Bhagwan Das and same was registered as Complaint Case No.6849/2015 for commission of offence punishable under Ss. 420, 467, 468, 471 and 120B of the IPC. After full dressed trial, the petitioner was convicted under Sec. 420, 467, 468 of the IPC and sentenced to undergo R.I. for 3 years and to pay fine of Rs.200.00 for each of these offences along with sentence of R.I. for two years and fine of Rs.200.00 for offence under Sec. 471 of the IPC vide order dtd. 14/10/2019 and S.I. for 7 days was inflicted upon the petitioner in case of each default in payment of the fine amount. The judgment of conviction and order of sentence passed by the trial court dtd. 14/10/2019 was challenged in appeal before the learned Sessions Court and during pendency of the appeal, a joint application was moved to record compromise on 31/5/2022. The statement of wife of original complainant, namely Smt. Triveni was recorded on 8/6/2022 where she stated that they have amicably settled the dispute without any coercion, greed or pressure and she does not want to pursue the criminal case further against the petitioner. The learned Sessions Court vide order dtd. 3/8/2022 held that the petitioner has been convicted by the learned trial Court and Sec. under which he has been convicted are serious one and thus no compromise can be recorded under Sec. 320(2) of the Cr.P.C. It was further observed that the offences are not compoundable in nature according to the provisions of Sec. 320(2) of the Cr.P.C. and thus, rejected the application.

(3.) Learned counsel for the petitioner would submit that the application was moved after conviction and during pendency of appeal before the Sessions Court, and joint application was moved for recording compromise and acquittal of the petitioner, however same has been rejected and further decisions rendered by the Hon'ble Supreme Court have not been considered by the learned Court below.