-1- Criminal Appeal No.758-SB of 1997 (O&M). IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Criminal Appeal No.758-SB of 1997 (O&M). Date of Decision: January 28, 2010. Gobind Singh and others ... Appellants VERSUS State of Punjab ...Respondent 1. Whether the 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 ? CORAM :HON'BLE MR. JUSTICE MOHINDER PAL. Present: Mr. Gurcharan Singh, Advocate, for the appellants. Mr. Vishal Munjal, Additional Advocate General, Punjab. Mr. Balraj Singh Dhull, Advocate, for complainant Kaur Singh. -.- MOHINDER PAL, J. Impugned in this appeal is the judgment of conviction and the sentence order passed by the learned Additional Sessions Judge (I), Sangrur, convicting the appellants under Section 498-A of the Indian Penal Code (for short `the Code') and sentencing them to undergo rigorous imprisonment for three years and to pay fine of Rs.700/-, each, in default whereof to undergo further rigorous imprisonment for six months. -2- Criminal Appeal No.758-SB of 1997 (O&M). The instant F.I.R under Sections 302/304/34 of the Code was registered against the appellants at the instance of complainant Kaur Singh (P.W.2), whose daughter Rani was married with Pritam Singh son of appellant No.1 Gobind Singh (since deceased), brother of appellant No.2 Duni Singh and brother- in-law (husband's brother) of appellant No.3 Gurdial Kaur. The trial Court, after recording evidence and hearing learned counsel for the parties, convicted and sentenced the appellants under Section 498-A of the Code as aforesaid while acquitting them of the charge under Section 302 of the Code or in the alternative under Section 304-B of the Code. The parties have now compromised the matter. Compromise deed, which is signed by complainant Kaur Singh, appellants Duni Singh and Gurdial Kaur and the witnesses, has been placed on record. One of the witnesses is Mela Singh, President, Municipal Council, Longowal. As stated in the compromise, appellant No.1 Gobind Singh died on 14.5.2002, which fact is not disputed by the learned State Counsel. Accordingly, these proceedings against appellant Gobind Singh shall stand abated. It has further been mentioned in the compromise that deceased Rani, at the time of her death, was having a son named Amandeep Singh, who has been brought up in a nice way by the appellants. Good education is being provided to Amandeep Singh. It has also been mentioned in the compromise that the complainant has no objection if the -3- Criminal Appeal No.758-SB of 1997 (O&M). instant appeal is accepted and the appellants are acquitted of the charge framed against them. The authenticity of the compromise has been vouchsafed by the learned counsel for the appellants and the complainant. As per the ratio of law laid down by a Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, (2007-3) Punjab Law Reporter 439, there is no statutory bar under the Code of Criminal Procedure which can affect the inherent power of this Court under Section 482 of the Code of Criminal Procedure. Resolution of a dispute by way of a compromise between two warring groups, therefore should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery. In view of the above, I am of the considered opinion that it will be of no use to send the appellants to jail again at this stage and the sentence of rigorous imprisonment already undergone by appellants Duni Singh and Gurdial Kaur, which is more than two months, would be sufficient. Thus, the conviction of appellants Duni Singh and Gurdial Kaur under Section 498-A of the Code of is maintained but the sentence of rigorous imprisonment is reduced to the one already undergone by them keeping in view the compromise between the parties. However, the sentence of fine shall remain unaltered. If appellant Duni Singh and Gurdial Kaur have not deposited -4- Criminal Appeal No.758-SB of 1997 (O&M). the amount of fine so far, they will deposit the same before the trial Court within one month from the date of receipt of a copy of this order. The sentence order is modified to the extent indicated above. Resultantly, by invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure, this appeal is disposed of in view of the compromise between the parties, mentioned above. January 28, 2010. ( MOHINDER PAL ) ak JUDGE