KRISHAN DAHIYA Vs. STATE OF HARYANA AND ANR

JUDGEMENT

(1.) The present petition has been filed against the order dated 20.04.2015 passed by ACJM, Rohtak and order dated 04.08.2015 passed by Additional Sessions Judge, Rohtak, whereby the accusedpetitioner was sentenced to undergo three years' rigorous imprisonment and to pay a fine of Rs. 43,000/- and in default of payment of fine to further undergo rigorous imprisonment for the offence under Sections 420/506/406 and 427 IPC.

(2.) Admittedly, no other civil or criminal litigation is pending between the parties. Today, prayer has been made that in view of the compromise, the accused be acquitted of the charges under Sections 420 and 427 IPC. In view of Sections 320(1) Cr.P.C., offence under Section 427 IPC is compoundable by the person to whom damage has been caused. Offence under Section 420 can be compounded with the permission of the court. In the eventuality, this court allows the parties to compound the offences, it would have the effect of acquittal as envisaged under Section 320 (8) Cr.P.C.

(3.) The dispute being private in nature and petitioner having compensated the complainant before the Mediation and Conciliation Centre, this court accepts the prayer for compounding of offences under Section 420 and 427 IPC. Complainant has already made a statement in the compromise deed which is reduced into writing that he has not objection if both the offences are allowed to be compounded. Under the circumstances, this petition is allowed. The compounding of aforesaid offences would have the effect of acquittal.