& Anr Vs. K.P.M.V.P. Chandrasekaran  Insc 283 (26 April 2005)
Singh & Arun Kumar B.P.Singh, J.
matter has been settled between the parties happily and a joint application has
been filed by the appellant and the respondent under Section 320(5) Cr.P.C. for
compounding the offence. A joint application is accompanied by affidavits of
both the appellants and the respondent. The terms have been set out in para 3
of the joint petition, which is as follows:-
aggregate fine amount of Rs.8,000/- paid into the Court of the Judicial
Magistrate, Tuticorin by both the appellants will be made over to the
further disputes of any nature will be raised by either the appellants or the
respondent in respect of the matters concerning the present case."
regard to the facts of the case, we are of the view that permission may be
granted to the parties to compound the offence. Accordingly, permission is
granted and order is passed in terms of the settlement reached between the parties
which is extracted above.
view of the compounding of the offence, appellants are acquitted of the offence
under Section 500 IPC with which they were charged and convicted.
appeal is disposed of in the above terms.
agreed before us that the amount payable under the settlement to the respondent
has already been deposited in the court of Judicial Magistrate, Tuticorin.
respondent may move an application before the court for withdrawal of that
amount and the court shall pass appropriate orders.