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1981 JTR(SC) 57
1983 CriLR 527 ; 1983 GLH 33 ; 1982 3 SCC 368 ; 1983 SCC(Cri) 49
SUPREME COURT OF INDIA
Y.V. Chandrachud, CJI., V.D.Tulzapurkar, J.
Hindu Singh
Versus
State Of U.P.
Case No., 96 of 1981
Date of Decision, 1/29/81
The court may permit the compounding of offences under Sections 324 and 325 of the Penal Code if the parties involved are closely related, leading to the acquittal of the accused.
Act
Referred
:CONSTITUTION OF INDIA
: Art.136
INDIAN PENAL CODE: S.324, S.325
(A) Penal Code - Sections 324 and 325 - Compounding of offences - Parties are closely related - Permission granted to compound offences - Order of conviction and sentence set aside - Accused acquitted. (Para 2)
Facts of the case:
The accused were convicted and sentenced for offences under Sections 324 and 325 of the Penal Code. It was observed that the parties involved in the dispute are closely related.
Findings of Court:
In view of the fact that the parties are closely related, permission is granted to compound the offences under Sections 324 and 325 of the Penal Code.
Issues: Whether the offences under Sections 324 and 325 of the Penal Code could be compounded on the basis of the close relationship between the parties.
Ratio Decidendi: Where parties are closely related, the court may permit the compounding of offences under Sections 324 and 325 of the Penal Code, which justifies setting aside the conviction and sentence.
Result: Order of conviction and sentence is set aside and the accused are acquitted.
Facts of the case:
The accused were convicted and sentenced for offences under Sections 324 and 325 of the Penal Code. It was observed that the parties involved in the dispute are closely related.
Findings of Court:
In view of the fact that the parties are closely related, permission is granted to compound the offences under Sections 324 and 325 of the Penal Code.
Issues: Whether the offences under Sections 324 and 325 of the Penal Code could be compounded on the basis of the close relationship between the parties.
Ratio Decidendi: Where parties are closely related, the court may permit the compounding of offences under Sections 324 and 325 of the Penal Code, which justifies setting aside the conviction and sentence.
Result: Order of conviction and sentence is set aside and the accused are acquitted.
(1) HEARD-COUNSEL. Special leave granted
(2) IN View of the fact that the parties are closely related we grant them permission to compound the offences under S. 324 and 325 of the Penal Code. The order of conviction and sentence is accordingly set aside and the accused are acquilled
(3) THE appeal shall stand disposed of in terms of this order