Supreme Court - Daily Orders
State Of M.P vs Vijay Singh on 13 April, 2017
Bench: A.K. Sikri, Ashok Bhushan
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 717 OF 2017
(Arising out of SLP (Criminal) No. 10680 of 2015)
STATE OF M.P. ... Appellant
VERSUS
VIJAY SINGH AND ORS. ... Respondents
O R D E R
Leave granted.
Having regard to the facts of this case and the principles laid down by this Court in similar cases particularly in 'Narinder Singh and Ors. v. State of Punjab and Anr.' [2014 (6) SCC 466], we are of the opinion that once the respondents were convicted by the Trial Court for various offences and particularly under Section 436 of the Indian Penal Code (IPC), the High Court could not have allowed the application for compounding merely on the basis of settlement between the complainant and the accused persons.
We, thus, allow this appeal partly by upholding the compounding insofar as offences under Sections 323 and 324 Signature Not Verified IPC are concerned and quash the order of the High Court Digitally signed by NIDHI AHUJA Date: 2017.04.22 11:25:40 IST which pertains to compounding of offence under Section 436 Reason: IPC.
1 CRIMINAL APPEAL NO. 717 OF 2017 To that limited extent, the appeal shall be heard by the High Court on merits.
The appeal is partly allowed in the aforesaid terms.
......................, J.
[ A.K. SIKRI ] ......................, J.
[ ASHOK BHUSHAN ] New Delhi;
April 13, 2017.
2 CRIMINAL APPEAL NO. 717 OF 2017 ITEM NO.46 COURT NO.8 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No. 10680/2015 (Arising out of impugned final judgment and order dated 11/03/2015 in CRLAP No. 313/2009 passed by the High Court of M.P. at Gwalior) STATE OF M.P. Petitioner(s) VERSUS VIJAY SINGH AND ORS. Respondent(s) (With appln. (s) for exemption from filing O.T. and office report) Date : 13/04/2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. C. D. Singh, Adv.
Mr. Devashish Chauhan, Adv. Ms. Shivali Chaudhary, Adv. Mr. Rahul Rajput, Adv.
For Respondent(s) Mr. Prashant Shukla, Adv. Ms. Anushree Mishra, Adv. Mr. Kush Agrawal, Adv. Mr. Pashupathi Nath Razdan, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is partly allowed in terms of the signed order.
(Nidhi Ahuja) (Mala Kumari Sharma)
Court Master Court Master
[Signed order is placed on the file.] 3