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
O R D E R
(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 sub-
sections (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 in
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.