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(2025) Law Today Live Doc. Id. 20076 = 2025 :PHHC: 66032
CRA-S-313 of 2025 (O&M)
Decided on: 13.05.2025
Alongwith
CRA-S-227-2025 (O&M), GAURAV MUTNEJA v. STATE OF PUNJAB
Present:
Mr. Rhythem Bajaj, Advocate for the appellant.
Mr. Jastej Singh, Addl. A.G, Punjab.
Mr. Sunil Doda, Advocate for the complainant.
Code of Criminal Procedure, 1973 (2 of 1974), Section 374 -- Indian Penal Code, 1860 (45 of 1860), Section 379B, 325, 341, 34 – Appeal against conviction – Compounding after conviction in snatching case – Matter has been amicably settled between the parties -- Appeals allowed, as a result of compounding, the judgment of conviction and order of sentence under Sections 379-B, 325, 341, 34 IPC, whereby appellant sentenced to RI for five years and a fine of Rs. 10,500/- along with all consequential proceeding quashed qua the petitioners.
(Para 14, 15)
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SANDEEP MOUDGIL, J. (ORAL) –
1. Vide this common order the above mentioned two appeals shall be disposed of as common question of law and facts are involved therein.
2. For the sake of convenience, the facts are being taken from CRA-S-313-2025.
CRM-19246-2025 in CRA-S-313-2025
3. This application has been filed for placing on record amended Memo of Parties by adding the complainant as respondent No. 2 in view of the order dated 01.05.2025.
4. For the reasons mentioned in the application and keeping in view the submission made by counsel for the applicant, the application is allowed and complainant is impleaded as respondent No.2. Amended Memo of Parties is taken on record.
CRM-16840-2025 in CRA-S-313-2025
5. This application has been filed for placing on record a copy of compromise dated 17.04.2025 as Annexure A-1.
6. For the reasons mentioned in the application, the same is allowed and copy of compromise dated 17.04.2025 as Annexure A-1 is taken on record.
CRM-16841-2025 in CRA-S-313-2025
CRM-16941-2025 in CRA-S-227-2025
7. These applications have been filed for compounding of the offence as the matter has been settled between the parties.
8. Learned Counsel for the complainant has put in appearance and submits that he has no objection if the application is allowed.
9. For the reasons mentioned in the application and in view of no objection given by counsel for the complainant, the applications are allowed.
Main cases
10. This appeal has been filed against the judgment of conviction dated 26.11.2024 and order of sentence dated 29.11.2024, under Sections 379-B, 325, 341, 34 IPC whereby the appellant has been sentenced to undergo RI for five years and a fine of Rs. 10,500/-.
11. During the pendency of the dispute, the parties have compromised the matter and filed the present appeals for quashing of the impugned order.
12. Learned counsel for the appellant submits that since the matter has been amicably settled between the parties, hence, prays for setting aside the judgments/orders passed by the Courts below and the appellant be ordered to be acquitted of the charges.
13. Learned counsel appearing on behalf of the complainant does not dispute the compromise arrived at between the parties. He has expressed his no objection if appellant is ordered to be acquitted of the charges.
14. In view of the above, finding the prayer of the appellant to be genuine and in view of the fact that the matter has been amicably settled between the parties, this Court finds justified to acquit the appellant of the charges as the offence are already compounded as explained above.
15. Accordingly, the present appeals are allowed. As a result of compounding, the judgment of conviction dated 26.11.2024 and order of sentence dated 29.11.2024, under Sections 379-B, 325, 341, 34 IPC whereby the appellant has been sentenced to undergo RI for five years and a fine of Rs. 10,500/- and along with all consequential proceeding arising therefrom, are quashed qua the petitioners.
16. The present appeals are hereby allowed.
17. A photocopy of this order be placed on the file(s) of connected case(s).
Appeals allowed.
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