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Author Topic: compromise in high court for 307 and 149  (Read 697 times)

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Offline manoj Sh

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compromise in high court for 307 and 149
« on: May 20, 2016, 04:20:21 AM »
My friend and his family( total five members including 2 ladies) is charged with 307 and 149 in a case and has been given a punishment of 5 years in jail by the session court.
He has filed for revision in high court. and has been granted bail
In the mean time they have arranged a compromise with the opposite party( who is also a family relative by the way ) against a cash payment for compensation of his loss and he is ready to drop all the charges.

Now I would like to know if it is possible to arrange a compromise or compounding (if it is the right word) and close the case, if the case is in High court or is it possible to reopen the case in session court.
All advice is appreciated. Please feel free to ask if any other details are required

Thanks in advance
-Manoj
« Last Edit: May 20, 2016, 04:23:20 AM by manoj Sh »

Offline advjaibansal

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Re: compromise in high court for 307 and 149
« Reply #1 on: May 20, 2016, 04:56:35 AM »
Dear Sir,

Normally in a case of 307 and 149 of IPC compromise is not possible during the trial. High Court may refuse such settlement between the parties as the crime is committed against the state. In your particular case, your friend is already convicted and he has filed an appeal. Now at the appeal stage compromise even by paying the amount may not be possible.

Please explore the possible whether the appeal can be sent to lok adalat for settlement if possible from the local lawyer.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rajgopal sripathi

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Re: compromise in high court for 307 and 149
« Reply #2 on: May 29, 2016, 05:32:37 PM »
Hi
Section 307 IPC is not compoundable in terms of Section 320(9) of the Code of Criminal Procedure, 1973.

Probably a compromise if it had been arrived before conviction, could have been an option in light of Judgment of Supreme court of india in Narinder Singh & Ors vs State Of Punjab & Anr on 27 March, 2014.

However nothing prevents you from trying in High courts as the courts may take a lenient view and reduce the Jail time depending on facts of case.
In the case of  Rajendra Harakchand Bhandari vs. State of Maharashtra (2011) 13 SCC 311 the Supreme court has stated as follows:
"wherein this Court held that since offence under Section 307 is not compoundable, even when the parties had settled the matter, compounding of the offence was out of question. Said settlement along with other extenuating circumstances was only taken as the ground for reduction of the sentence in the following manner:

“There has been reconciliation amongst parties; the relations between the appellants and the victim have become cordial and prior to the appellants’ surrender, the parties have been living peacefully in the village. The appellants have already undergone the sentence of more than two-and-a half years. Having regard to those circumstances, we are satisfied that ends of justice will be met if the substantive sentence awarded to the appellants is reduced to the period already undergone while maintaining the amount of fine.
Rajgopal Sripathi
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email:rajgopal@legalwin.in

Offline lexcare

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Re: compromise in high court for 307 and 149
« Reply #3 on: July 17, 2016, 09:57:00 PM »
Normally in a case of 307 and 149 of IPC compromise is not possible during the trial

 

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