BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners were tried by Sub-Divisional Judicial Magistrate, Patti. Vide judgment and order dated 24.7.2003, they were convicted and sentenced under Sections 435/427/34 IPC. Against their conviction and sentence, the petitioners filed an appeal which is now pending for hearing before the Court of Additional Sessions Judge, Amritsar. Meanwhile, the parties entered into a compromise, whereby they agreed to bury the hatchet for all times to come. The present petition was, accordingly, filed by the petitioners for issuance of a direction to the lower Appellate Court to allow them to compound the offence.

(2.) LEARNED counsel appearing for the petitioners contended that as the dispute has been amicably settled and the matter compromised, a direction be issued to the lower appellate Court to allow them to compound the offences with the complainant. Reliance has been placed upon Mahesh Chand and another v. State of Rajasthan, 1988(1) RCR(Crl.) 498 (SC).

(3.) THE offence under Section 435 IPC cannot be lawfully compounded. In such a situation, this Court finds it beyond its powers to accede to the request of the petitioners and respondent No. 2.