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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