SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have knocked the door of this Court through the present petition under Section 482 of the Criminal Procedure for quashing of complaint dated 13.5.1996. The present petitioners were summoned, tried and convicted for commission of offence punishable under sections 452, 323, 506, 354 read with Section 34 of the Indian Penal Code by the learned Judicial Magistrate Ist Class, Hoshiarpur and were sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 300/- each for commission of offence under Section 452 IPC, to rigorous imprisonment for six months each for commission of offence under section 323 IPC; to undergo rigorous imprisonment for six months each for commission of offence under section 506 IPC; to undergo rigorous imprisonment for a period of one year for commission of offence punishable under Section 354 read under Section 34 of the Indian Penal Code. Aggrieved against the said judgment, the petitioners preferred an appeal before the Court of the learned Additional Sessions Judge, Hoshiarpur.

(2.) NOW the pendency of the appeal before the Appellate Court, the complainant and the accused/appellants entered into a compromise and the matter was taken up before the Lok Adalat on 20.10.2007 but the case could not be disposed of as the offence under Section 452 of the Indian Penal Code was non- compoundable.

(3.) IT has been contended by the learned counsel for the petitioners that the parties have compromised the matter and they have also suffered statement before the Lok Adalat on 20.10.2007 but as the offence under Section 452 IPC was non-compoundable and as such the case pending against the present petitioners could not be disposed of. He further submitted that compounding of offence under Section 452 IPC is not within the jurisdiction of the Appellate Court where the appeal of the petitioners is pending. He has also placed on record the original compromise deed signed by both the parties wherein the complainant has agreed not to proceed with the criminal proceedings against the present petitioners and pleaded no objection if the appeal pending before the Appellate Court is decided in terms of the compromise.