DHARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Present petition has been filed under Section 482 Cr.P.C. to assail the order dated 16.5.2018 passed by the Sessions Judge, Karauli whereby compromise presented by the parties was rejected on the ground that the offence is non-compoundable.

(2.) Briefly stated, the petitioner was tried by the Court of Judicial Magistrate, Karauli and the said Court vide impugned judgment dated 26.9.2017 convicted the petitioner for offence under Section 354 IPC and sentenced him to undergo three months simple imprisonment.

(3.) Learned counsel for the petitioner has very fairly submitted that even qua non-compoundable offences, factum of compromise can be taken into consideration as a mitigating circumstance while considering reduction in the sentence. Learned counsel for the petitioner has relied upon the order passed by this Court on 16.3.2018 in SBCRLMP NO.1357/2018 titled Deshraj Singh and Anr. vs. Man Singh and Anr. Since, counsel has heavily relied upon the case of Deshraj Singh (supra), the said order is reproduced below:-