NASIR Vs. STATE OF U.P.

JUDGEMENT

(1.) Learned Counsel for the appellant submits that permission be accorded to compound the offence and Mahesh Chand Vs. State of Rajasthan, 1988 (25) AIC 186 (SC) has been cited in which the Honourable the Apex Court held that in special circumstances even though Sec. 307, Indian Penal Code was not compoundable, but permission was accorded to compound the offence. The special circumstances of the case was that appellant was acquitted by the lower Court, but he was convicted by the High Court. The accused appellant was Advocate. Not only this cross cases were pending and in cross cases the offence were compounded and in another cannot be compounded in which the parties went upto the Honourable Apex Court. In this circumstances even though the status does not provide the offence being compoundable the Honourable Apex Court treated as special case and in special circumstances the permission was accorded to compound the offence. In this case, it is submitted that the accused is old one and parties are next door neighbour. In the opinion of this Court, the circumstance cannot be taken to be special circumstances. These are the circumstances generally applicable to many appeals because appeals are heard at later stage. If this principle is applicable, it will be a ground to apply in so many appeals to compound the offence which are not compoundable. It generally happens when the dispute take place between two parties of the same place. Therefore, prayer to compound the offence cannot be allowed. The parties will proceed with the final argument of the appeal.

(2.) Original judgment from the lower Court is not received. Record was summoned by the District and Sessions Judge, Saharanpur from the Court of District Magistrate, Saharanpur. The District Magistrate report that for want of specific mention of the police station, record cannot be submitted. Let reminder be sent to District and Sessions Judge, Saharanpur for submission of the record specifically mentioning the police station and the crime number and copy be sent to District Magistrate, Saharanpur for compliance. List the case in the second week of March, 2004 for argument.