JUDGMENT IA No. 5344/97 is an application purporting to be under section 320 (2) of the Cr.P.C. for permission to enter into compromise. It has been signed by the accused as well as by the legal representatives of the deceased, Naseer Khan alias Channa. It has been alleged that respectable persons of the society had intervened and got the compromise affected so that the parties may live peacefully and bad blood should extinguish. The accused persons have been convicted under section 324 I.P.C. by the learned trial Court. The offence is compoundable with the leave of the Court. Under the circumstances mentioned in the application, it is allowed and leave is permitted. This appeal has been preferred by the appellants Wahid Beg and Shahid against the order of conviction and sentence passed against them by the learned trial Court on 16th February, 1991 whereby he convicted and sentenced them under section 324, I.P.C. to one year's RI and fine of Rs. 250/- each. The occurrence took place on account of the quarrel between complainant's son on one Rand and the appellant No. 1's son on the other on 23.3.1985 at about 6.00 p.m. Naseer Khan (now deceased) was praying at the Hill Peer Challa Ki Dargah whereupon the appellants along with three persons armed with sword and churri reached there and surrounded Naseer Khan. Accused Wahid shouted that Naseer Khan should not be spared and be killed, as a result of which, Wahid gave a sword blow which hit the injured on his left eye. Naseer Khan fell down. It is further alleged that Aslam, who has been acquitted and Munna, who is being tried by a Juvenile Court, continued beating. On hearing cries, Shaheed Khan, Mote Khan and Rasheed Khan reached there and saved him. A report (Ex. P/1) was lodged. Usual investigation took place and the accused were tried by the learned Court below under section 307, I.P.C. The prosecution produced oral and documentary evidence. Accused persons denied the charge. After considering the material on record, the learned Court below convicted the accused and sentenced them as aforesaid, hence this appeal. The appellants as well as the legal representatives of the deceased injured have entered into a compromise. The leave has been granted to enter into compromise. It has been prayed in the compromise that the compromise be recorded and the accused be acquitted.
The appellants as well as the legal representatives of the deceased injured have entered into a compromise. The leave has been granted to enter into compromise. It has been prayed in the compromise that the compromise be recorded and the accused be acquitted. In view of the fact that the permission has been granted and it is alleged that the appellants and the legal representatives of the deceased desire to live peacefully and they have entered into compromise by the intervention of the respectable persons of the society, the appeal has, therefore, to be allowed in accordance with the compromise. It is accordingly allowed. Accused are acquitted of the charge for which they have been convicted on the basis of the compromise as prayed. They need not surrender.