IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-7138 of 2009 Date of decision : 12.05.2009 Rohit Kumar Nand ....Petitioner V/s State of Haryana and another ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. J.S. Chahal, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG Haryana. Mr. N.S. Dhillon, Advocate for respondent No. 2. RAJAN GUPTA J. (ORAL) The FIR in this case was registered on the complaint of one Ramesh Kumar who alleges that he had paid Rs. 3,70,000/- to the petitioner and his father for sending him abroad. However, petitioner did not keep his promise and thus, defrauded the complainant. After registration of the FIR trial ensued and ultimately petitioner was convicted under Section 420 IPC by the Court of Chief Judicial Magistrate, Kurukshetra. The petitioner preferred an appeal before the Court of Additional Sessions Judge, Kurukshetra which is at present pending before the said Court. Learned counsel for the petitioner has submitted that during the pendency of appeal a compromise has been arrived at between the parties and they have amicably settled the dispute. Learned counsel has further submitted that offence under Section 420 IPC for which the petitioner has been convicted is compoundable under Section 320 Cr.P.C. Crl. Misc No. M-7138 of 2009 -2- Learned counsel for the State, on the other hand pointed out that in view of provision contained in Section 320(5) Cr.P.C., application for compounding has to be moved before the appellate court. I have heard counsel for the parties. The petitioner has placed reliance upon a compromise annexed as P-4 to the petition. The terms of the compromise has been affirmed by counsel for respondent No. 2. Learned counsel for respondent No. 2 has submitted that entire dispute has been amicably resolved. Under the circumstances, I am of the considered view that in case an application is moved by the petitioner before the appellate court for compounding of the offence, the same shall be considered by the said Court in light of the compromise arrived at between the parties. In case an application is moved within a week of receipt of certified copy of this order, the appellate court shall dispose off the same within one month thereafter. Disposed of in aforesaid terms. Copy of the order be given to learned counsel for the petitioner under the signature of Court Secretary. 12.05.2009 (RAJAN GUPTA) Ajay JUDGE