AMBIKA PRASAD Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the revisionist, learned counsel appearing for private respondent and learned AGA for the State.

(2.) THE present criminal revision has been filed against the judgment and order dated 22.4.1988 passed by Ist Additional Sessions Judge, Farrukhabad for dismissing the criminal appeal no. 20 of 1987 which was filed against the judgment and order dated 10.4.1987 of 3rd Assistant Sessions Judge, Farrukhabad wherein the revisionist was convicted and sentenced to undergo 7 years of R.I. under section 307 IPC and a fine of Rs.2,000/ -, in default of payment of fine, six months further R.I.

(3.) LEARNED counsel for the revisionist filed a supplementary affidavit annexing therein a compromise deed dated 6.10.2012 as annexure SA1, wherein it has been mentioned that both the parties have amicably settled their disputes and both the parties are living together peacefully and thus the present revision may be disposed of in terms of the said compromise. He further submits that the incident had taken place on 17.11.1982 and a period of almost 32 years have already expired and in this view of the matter it would be in the interest of justice that the present revision may be disposed off. He confined his argument only to the effect that the revision may be disposed of finally in terms of the compromise and with this contention he heavily relied upon a judgment of Hon. Apex Court rendered in the case of Narendra Singh and others v. State of Punjab and another,2014 AIR(SCW) 2065. In this matter the Hon'ble Apex Court after going through the various judgments and also keeping in view of the fact that the offence under section 307 IPC is not compoundable had summed up the legal position in the following words: