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Judgment
Nirmal Singh, J.—Complainant Chhinder Singh with Mr. G.S. Bhatia, Advocate is present in the court. The complainant has made a statement that he has effected a compromise with the petitioner with the intervention of respectable and elders.
The main accused i.e. Shangara Singh had already expired. Proceedings qua him stand abated.
The offence in which the petitioner has been convicts is non-compoundable offence, but this Court while exercising powers u/s 482, Cr.P.C. can allow the compounding in exceptional cases, as in this case, the parties are co-villagers. Petitioner has been summoned u/s 319 Cr.P.C. and case was registered in June 1994. After that the petitioner and complainant have been residing peacefully in the village. There is no evidence on record that before or after the registration of this case, petitioner has indulged in any other criminal activity.
In Balkaran Singh v. State of Haryana, 1998 (4) RCR (Crl.) 539, this court in similar circumstances, has allowed the parties to compound the offence.
In view of the above, complainant is allowed to compound the offence. The Criminal revision is accepted. Conviction and sentenced ordered by the trial court is set aside and petitioner Kashmir Singh is acquitted of the charge. The fine already deposited shall be treated as costs of litigation.