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CASE NO.: Appeal (crl.)  138 of 2008

PETITIONER: Dharamvir & Anr.

RESPONDENT: State of U.P.

DATE OF JUDGMENT: 18/01/2008

BENCH: C.K. THAKKER & D.K. JAIN  

JUDGMENT: JUDGMENT O R D E R

(Arising out of S.L.P.(Criminal) No.1950 of 2007

            Leave granted.                The learned counsel for the parties stated that the matter has been settled amicably   and an appropriate order of acquittal may be passed considering the provisions of  Sections 342 and 323 of the Indian Penal Code (IPC) and the provisions of sub- sections (1) and (8) of Section 320 of the Code of Criminal Procedure, 1973 (for short  hereinafter referred to as the ’Code’).           Sub-section (1) of Section 320 of the Code states that the offence specified under i n  the Table under the said sub-section are compoundable by the parties (without the  leave of the Court). Both the offences punishable under Sections 342 and 323, IPC are  shown in Table under sub-section (1) of Section 320 of the Code.   Since the appellants  have been convicted for those offences, i.e. offences punishable under Sections 342 and  323 IPC and both the offences are compoundable, consequential order acquitting  

                       :2: the appellants can be passed under sub-section (8) of Section 320 of the Code.  We,  accordingly, acquit the appellants for the offences with which they were charged and  convicted by the Courts below.               The appeal is, accordingly, allowed.