RAM KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Present criminal appeal is filed under Section 374 of Code of Criminal Procedure 1973 against the judgment and sentence dated 30.09.2006 passed by learned Sessions Judge Solan (H.P.) in Sessions Trial No. 7-NL/7 of 2006/2003 title State Vs. Ram Kumar and others relating to FIR No. 96/2002 dated 08.06.2002 registered under Sections 147, 148, 149, 323, 324, 325, 326 and 307 IPC in Police Station Nalagarh Distt. Solan (H.P.). Learned Trial Court convicted the appellants under Sections 323 & 326 read with Sections 147, 148 & 149 IPC. Learned Trial Court acquitted the appellants under Section 307 IPC. During pendency of appeal Cr.MP No. 712 of 2016 filed under Section 482 Cr.PC for giving permission to compound the offence punishable under Sections 323 & 326 IPC on the basis of out of Court settlement. Parties also filed compromise deed Ext.PA placed on record. Statements of complainant, accused and injured persons recorded and placed on record. After perusal of compromise deed Ext.PA placed on record Court is of the opinion that it is expedient in the ends of justice to allow the parties to compound the present case in order to keep harmonious relations inter se parties because parties are residents of same locality. While exercising inherent powers under Section 482 Cr.PC permission to compound the case granted in the ends of justice. Compromise deed Ext.PA and statements of complainant, accused and injured persons and statement of learned Advocate Sh. N. S. Chandel appearing on behalf of co-accused will form part and parcel of order. Learned Deputy Advocate General has submitted before the Court that he has no objection if permission to compound the present case is granted.

(2.) In view of above stated facts present criminal appeal is disposed of as compromised and accused persons are acquitted qua offence punishable under Sections 323 & 326 read with Sections 147, 148 & 149 IPC. Judgment and sentence passed by learned Trial Court are modified accordingly. File of learned Trial Court alongwith certified copy of order be sent back forthwith. Criminal Appeal No. 330/2006 is disposed of. Pending application(s) if any also disposed of.