ANAND JAIN Vs. STATE

JUDGEMENT

(1.) With the consent of both the parties, the instant appeal is taken up for disposal. Vide the instant appeal, the appellants has sought to set aside the judgment and order on sentenced dated 22.09.2011 and 27.09.2011 respectively passed by learned Additional Sessions Judge, Rohini Courts, Delhi, whereby the appellants have been convicted for offences punishable under Sections 323/427 read with Section 34 of Indian Penal Code, 1860 and, thereafter, were released on probation under the Probation of offenders Act, 1958.

(2.) Learned counsel for the appellants has submitted that the above mentioned two Sections, i.e., 323/427 IPC are compoundable in nature, and can be compounded even without the permission of the Court.

(3.) Since the cross FIR No. 136/2010 was recorded on the complaint of appellant No. 1/Anand Jain under Sections 308/323/324/427 IPC and the appellants are the complainant in FIR No. 137. Both the parties filed petitions before this court vide Criminal M.C. 3120/2011 and Criminal M.C. 3121/2011 on 14.09.2011, recording a mutual compromise and based thereon quashing the two cross FIRs, wherein, notice was issued by this court vide its order dated 19.09.2011.