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Judgments of Supreme Court of India and High Courts

Pat Ram vs State Of Punjab And Anr on 3 August, 2018

CRR No. 1859 of 2016 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRR No. 1859 of 2016
DATE OF DECISION :- August 03, 2018

Pat Ram …Petitioner

Versus

State of Punjab and another …Respondents

CORAM: HON’BLE MR. JUSTICE H.S. MADAAN

Present:- Ms. Simranjeet Kaur, Advocate
for Mr.Vivek Goel, Advocate for the petitioner.

Mr. Nitin Rampal, Advocate for respondent no.2.

Ms. Samina Dhir, DAG, Punjab.

***

Complainant Sukhpal Kaur had filed a complaint under

Sections 452, 379, 354, 323, 427, 34 IPC against accused Pat Ram on the

allegations that on 3.4.2010 at about 11. A.M., complainant Sukhpal Kaur

was present at her house at Bala Patti Grid, Basti Nathana, District Bathinda

then accused trespassed in her house while he was under the influence of

liquor and he molested her.

After recording of preliminary evidence, accused was

summoned. He put in appearance. After recording of pre charge evidence,

formal charge for offence under Sections 452, 354 IPC was framed against

him to which he pleaded not guilty and claimed trial. The accused subjected

complainant Sukhpal Kaur to further cross-examination.

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CRR No. 1859 of 2016 2

Thereafter, statement of accused was recorded under Section

313 Cr.P.C. He denied all the allegations contending that in an enquiry

conducted by ASI Sukhmander Singh he was declared innocent. He has led

evidence in defence there. After hearing arguments, learned Judicial

Magistrate Ist Class, Bathinda convicted him for offence under Section 451,

354 IPC vide judgment dated 4.7.2015 and in terms of the order of even

date sentenced him as follows :-

Name of Convict Offence convicted Sentence

1. Convict Patt Ram U/s 451 IPC Rigorous imprisonment
for a period of one year
and fine Rs.100/-. In
default of payment of
fine further R.I. for a
period of 15 days.

U/s 354 IPC Rigorous Imprisonment
for a period of one year.

Both the sentences were ordered to run concurrently.

Feeling aggrieved, he had preferred appeal to the Court of

Sessions, which was assigned to Additional Sessions Judge, Bathinda but

the same was dismissed vide order dated 4.5.2016. Still feeling dissatisfied,

he has filed Criminal Revision Petition before this Court, notice of which

was given to the respondents.

During the course of pendency of Criminal Revision Petition,

the parties have entered into a compromise. Statement of complainant

Sukhpal Kaur has been recorded by Judicial Magistrate Ist Class, Bathinda

in terms of order passed by this Court.

As per report received from Judicial Magistrate Ist Class,

Bathinda, compromise between the parties appears to be genuine,

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CRR No. 1859 of 2016 3

voluntarily and without any coercion or undue influence.

Under Section 320 Cr.P.C. offence under Section 354 IPC is

compoundable by the women assaulted to whom the criminal force was

used whereas offence under Section 451 IPC is compoundable by the person

in possession of the house trespassed upon. Of course, that can be done with

permission of the Court. Here the complainant, who is also owner of the

house has compounded the offence under Section 354, 451 IPC with the

accused. Necessary permission is granted to her to do so since the

settlement between the complainant and accused is in the interest of peace

and tranquility in the society. Section 320 Sub Section 6 Cr.P.C. provides

that the High Court or Court of Session acting in power of Revision under

Section 401 Cr.P.C. may allow any person to compound any offence which

such person is bound to compound under this Section.

Therefore, while granting necessary permission, the Criminal

Revision Petition is accepted, the judgments of conviction and sentence

passed by the Courts below are set aside. Resultantly, the revisionist is

acquitted of the charges framed against him.

(H.S. MADAAN)
JUDGE
August 03, 2018
p.singh

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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