VIVEK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The learned Judicial Magistrate 1st Class, Court No.VII, Shimla, pronounced an order of conviction upon the revisionist herein qua commission of an offence punishable under Sections 341, 323 and 325 IPC read with Section 34 IPC. In an appeal preferred therefrom by the accused before the learned Additional Sessions Judge-II, Shimla, sequelled the latter affirming the pronouncement recorded upon the accused by the Judicial Magistrate 1st Class, Court No.VII, Shimla.

(2.) During the pendency of the revision before this Court the learned counsel for the accused/convict revisionist herein, has instituted an application under Section 482 Cr.P.C. whereby he seeks permission of this Court for compounding the offence committed by him under Sections 341, 323 and 325 IPC read with Section 34 IPC and has also tendered a compromise deed bearing Ext.P-1 executed inter se the petitioner/accused and the complainant/informant. The statements on oath of the respondent/informant besides also of the accused have been duly reduced into writing and stand signatured by each of them wherein they have communicated qua Ext.P-1 holding their respective signatures, signatures whereof stand testified by them to exist therein in blue circles at Marks-A and B, respectively.

(3.) The offences qua which a concurrent order of conviction stood pronounced upon the accused/convict is compoundable yet the accused/convict and the complainant while endeavouring to seek composition of the offence whereupon an order of conviction stood concurrently pronounced upon the accused/convict, are enjoined to obtain the permission of this Court.