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2002 DIGILAW 797 (RAJ)

Govind Prasad v. State of Rajasthan

2002-04-17

ASHOK PARIHAR

body2002
JUDGMENT 1. - After conviction, the petitioners filed an appeal against the order of conviction. During the pendency of the appeal, an application for compounding the offences was filed on the ground of compromise between the parties. However, the application was rejected by the appellate court on the ground that offence alleged was non-compoundable. Hence the present petition challenging the order dated 25.8.2001. 2. After hearing counsel for the parties, I have carefully gone through the material on record. 3. Though at the times the offences provided under provisions of Indian Penal Code may not be compoundable, however, each case have to be seen on its own facts. There has been a consistent approach of not only this Court but the Supreme Court also that to seek the ends of justice and minimise the litigation between the parties, the Court may, under peculiar circumstances, grant permission to compound the offence to end the litigation. 4. In the facts and circumstances of the present case, in the interest of justice, I deem it proper to direct the appellate court to permitting parties to compound the offence alleged in the present case so that the unhappy litigation between the parties come to an end. The appellate court is directed to verify the compromise between the parties and after ascertaining the same, pass necessary orders for compounding the matter and dropping the further proceedings in the present case. The petition is disposed of accordingly.Petition allowed. *******