MUSTAQ MOHD. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this order, I shall dispose of the aforesaid petitions as these have emerged out of judgment dated 26.07.2006 passed by the Additional Sessions Judge, Sangrur while hearing appeals emanating from trial pertaining to FIR No. 177 dated 30.09.1998 registered in Police Station Malerkotla for offence punishable under Sections 323, 324 read with Section 34 IPC being version and cross version.

(2.) COUNSELS representing the petitioners (convicts) in the aforesaid petitions would contend that dispute between the parties was settled by way of compromise during pendency of appeal before the Court of Sessions at Sangrur but the appellate Court expressed its inability to permit the parties to compound the offence due to offence under Section 452 IPC being non -compoundable as per the provisions of Section 320 of the Code of Criminal Procedure. It is further submitted that the parties have already faced trauma of criminal proceedings for the past over 15 years and they are residents of same village who have decided to forget their past with an intent to live in peace and harmony. It has been prayed that keeping in view the nature of the offence charged against the petitioners, the period of their harassment due to pendency of criminal proceedings and the matter has been settled by way of compromise, the substantive sentence awarded by the Courts below may be set aside and the petitioners may be released by giving benefit of probation.

(3.) I have heard counsel for the parties and perused the case file.