CASE NO.:
Appeal (crl.) 138 of 2008
PETITIONER:
Dharamvir & Anr.
RESPONDENT:
State of U.P.
DATE OF JUDGMENT: 18/01/2008
BENCH:
C.K. THAKKER & D.K. JAIN
JUDGMENT
JUDGMENT
ORDER (Arising out of S.L.P.(Criminal) No.1950 of 2007
Leave granted.
The learned counsel for the parties stated that the matter has been settled amicably
and an appropriate order of acquittal may be passed considering the provisions of Sections 342 and 323 of the Indian Penal Code (IPC) and the provisions of subsections (1) and (8) of Section 320 of the Code of Criminal Procedure, 1973 (for short hereinafter referred to as the ’Code’).
Sub-section (1) of Section 320 of the Code states that the offence specified under i n the Table under the said sub-section are compoundable by the parties (without the leave of the Court). Both the offences punishable under Sections 342 and 323, IPC are shown in Table under sub-section (1) of Section 320 of the Code. Since the appellants have been convicted for those offences, i.e. offences punishable under Sections 342 and 323 IPC and both the offences are compoundable, consequential order acquitting
:2: the appellants can be passed under sub-section (8) of Section 320 of the Code. We, accordingly, acquit the appellants for the offences with which they were charged and convicted by the Courts below.
The appeal is, accordingly, allowed.