IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] in/and [CASE NUMBER] (O&M) Date of Decision:19.1.2012 [ENTITY] and others Appellants Versus [ENTITY] and others Respondents CORAM: Hon'ble Ms. Justice [ENTITY] Present: Mr. [ENTITY], Advocate for the appellants. Mr. [ENTITY], D.A.G. Punjab. Mr. [ENTITY], Advocate for respondents No.2 and 3. 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? [ENTITY], J.(Oral)
[CASE NUMBER] Heard.
The application is allowed and affidavits of respondents No.2 and 3 are taken on record.
This is an application for allowing/disposal of the abovesaid criminal appeal in terms of Compromise deed (Annexure A-1) dated 19.11.2011.
Both the parties agree that the matter has been compromised. In view of the compromise arrived at between the parties, the main appeal is taken up for hearing today itself. [CASE NUMBER] The present appeal has been filed against the judgment dated 2.8.2011 passed by learned Additional Sessions Judge, Ludhiana whereby [CASE NUMBER] (O&M) the appellants were convicted and sentenced as under:
Offence Sentence Fine In default 364 [ACT] RI for 7 years Rs.3000/- RI for 3 months [SECTION] [ACT] RI for 7 years Rs.3000/- RI for 3 months [SECTION] [ACT] RI for 2 months Rs.500/- RI for 15 days [SECTION] [ACT] RI for 2 months Rs.500/- RI for 15 days
However, both the sentences were ordered to run concurrently. The present appeal has been filed against the aforesaid conviction and sentence. During the pendency of the present appeal, a compromise has been effected between the parties. The affidavits of the complainant-respondent No.2 and respondent No.3 admitting the factum of compromise has been placed on record vide [CASE NUMBER]. As per the said affidavits, the said compromise was entered into without without any pressure and out of their own sweet will. They have no objection if the appellants are acquitted of the charge.
The Apex Court in the case of [PRECEDENT] while quashing the FIR and all proceedings arising out of the same held that the continuation of criminal proceedings would be an abuse of the process of law. In that case also the petitioners were convicted under [SECTION] [ACT] and were sentenced to imprisonment of 18 months. An appeal was filed against the conviction order and during the pendency of the appeal, the parties had settled their differences. However, they filed petition before the High Court under [SECTION] [ACT] for quashing of the complaint as well as conviction order on account of the compromise. The High Court dismissed the same. Aggrieved, they challenged the same before the Apex [CASE NUMBER] (O&M) Court. The Apex Court accepted the compromise and quashed the FIR and all the proceedings arising out of the same, as well as order of conviction.
This Court in the case of [PRECEDENT] who relying upon the judgment of [PRECEDENT] allowed the petitioners to compound the offence under [SECTION] [ACT] during the pendency of the appeal.
The Full Bench of this Court, in the case of Kulwinder Singh and others v. [ENTITY] and another 2007(3) RCR (Criminal) 1052 has held that the compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under [SECTION] of the [ACT] is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is "finest hour of justice". Disputes which have their genesis not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held as under:-
"The only inevitable conclusion from the above discussion is that there is no statutory bar under the [ACT] which can affect the inherent power of this Court under [SECTION]. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under [SECTION] of the [ACT] in order to prevent the abuse of law and to secure the ends of justice."
[CASE NUMBER] (O&M) The appellants have been convicted under [SECTION], [SECTION], [SECTION] and [SECTION] [ACT]. Accordingly, the compromise are accepted and parties are allowed to compound the offence.
Accordingly, in view of the compromise having been arrived at between the parties, affidavits of respondents No.2 and 3 admitting the factum of compromise, the conviction and sentence passed by learned Additional Sessions Judge, Ludhiana vide judgment dated 2.8.2011 is set aside and the appellants are acquitted of the aforesaid charge. They be released forthwith.
Disposed of in the aforesaid terms.
19.1.2012 ( [ENTITY] ) [ENTITY] JUDGE