Mohd. Rafi
Vs. State of U.P [1998] INSC 184 (27 March 1998)
G.T.
Nanavati, Syed Shah Mohammed Quadri Nanavati, J.
ACT:
HEAD NOTE:
Leave
granted.
The
appellant was convicted under Sections 323 and 325 I.P.C. He had caused
grievous hurt to Ahmed Hussain - respondent No. 2. His conviction was confirmed
by the first appellate court and the Revision Petition filed by him was
dismissed by the High Court.
Learned
counsel for the appellant submits that now there is a compromise between the
appellant and respondent No.2 and that compromise has been brought about by the
persons residing in the Mohalla and near relatives. He submits that in the
interest of maintaining good relations between the parties, it is desirable
that this Court grants permission to compound the said offences.
We
have gone through the affidavits filed in this behalf by Shri Prem Singh, the neighbour
of the complainant, Shyam Singh Gahlot, another neighbour of the complainant
and Jamil Ahmed - brother of the complainant. All of them have stated in clear
terms that the parties have willingly and voluntarily settled the matter.
In
order to see that good relations are maintained between the parties, we grant
permission to them to compound the said offences. As a result of our granting
the permission, the appellant stands acquitted and is directed to be released
from jail immediately, if his presence in jail is not required in connection
with some other case.
The
appeal is allowed accordingly.
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