KHURSHEED AND ANR. versus STATE OF U.P. AND ANR.

KHURSHEED AND ANR. versus STATE OF U.P. AND ANR.

Since the parties have compounded the offence under Section 323 IPC as per Section 320(1) CrPC (no court permission necessary), and were granted permission to compound the offence under Section 325 IPC as per Section 320(2) CrPC, both offences stand compounded. Accordingly, the accused are acquitted as per Section 320(8) CrPC.

Parties
Appellant: Khursheed; Appellant: Islam; Respondent: State of U.P.; Respondent: Gufran Ahmad; Respondent's Advocate: Kamlendra Misra; Respondent's Advocate: Jatinder Kumar Bhatia; Respondent's Advocate: Vishnu Sharma
Jurisdiction
India
Judgment Date
28 September 2007
Procedural Posture
Criminal Appeal / Appeal From High Court Affirming Conviction, Supreme Court Grants Leave and Decides Matter
Outcome
Appeal allowed; compounding of offence permitted; appellants acquitted.
Legal Topics
Compounding of Offences, Section 320 Cr PC, Hurt and Grievous Hurt, Compromise in Criminal Proceedings
Criminal Law Compounding of Offences Section 320 Cr PC Hurt and Grievous Hurt Compromise in Criminal Proceedings

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Parties

Khursheed

Appellant

Islam

Appellant

State of U.P.

Respondent

Gufran Ahmad

Respondent

Kamlendra Misra

Respondent's Advocate

Jatinder Kumar Bhatia

Respondent's Advocate

Vishnu Sharma

Respondent's Advocate

Procedural Posture

Criminal Appeal / Appeal From High Court Affirming Conviction, Supreme Court Grants Leave and Decides Matter

Legal Issues

  1. 1 Whether offences under Sections 323 and 325 read with Section 34 IPC are compoundable in light of Section 320 of CrPC and whether appellants can be acquitted on basis of compromise

Ratio Decidendi

Since the parties have compounded the offence under Section 323 IPC as per Section 320(1) CrPC (no court permission necessary), and were granted permission to compound the offence under Section 325 IPC as per Section 320(2) CrPC, both offences stand compounded. Accordingly, the accused are acquitted as per Section 320(8) CrPC.

Court Disposition

Appeal allowed; compounding of offence permitted; appellants acquitted.

Orders

  • Compounding of offence under Section 325 read with Section 34 IPC permitted by Court.
  • Offence under Section 323 IPC already compounded by parties.