SUPREME COURT OF INDIA

Before:- G.T. Nanavati and S.S. Mohammed Quadri, JJ.

Criminal Appeal No. 383 of 1998. D/d. 27.3.1998

Mohd. Rafi - Appellant

Versus

State of U.P. - Respondent

For the Appellant :- Mr. K.K. Tyagi, Mr. P.K. Dham, Mr. Irfan Ahmad and Mr. K.R. Nagaraja, Advocates.

For the Respondent :- (Mr. C.D. Singh, Advocate) for Mr. A.S. Pundir, Mr. R.S. Hegde and Mr. P.P. Singh, Advocates.

Criminal Procedure Code, Section 320 - Indian Penal Code, Sections 325 and 323 - Compounding of offence under Sections 323, 325 Indian Penal Code - Conviction by trial court upheld upto High Court - Parties entering into compromise and settled the matter - Supreme Court allowed to compound the offence in order that good relations are maintained by the parties - Accused acquitted.

[Paras 2 to 4]

JUDGMENT

G.T. Nanavati, J. - Leave granted.

The appellant was convicted under Sections 323 and 325 Indian Penal Code 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.

2. 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.

3. 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.

4. 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.

Petition allowed.