Satbir Singh And Ors vs State Of U.P on 25 February, 2009
No dispute about the law laid down by Hon'ble Supreme Court
in the above cited authority. Under Sections 320 and 321 Cr.P.C., when the
offence is not compoundable, then accused are not to be acquitted on the
basis of compromise. From the perusal of evidence on the file, we are of the
opinion that present case does not fall in the category of marginal cases.
Cases which were got registered by one party or the IInd party after the
present occurrence resulted into acquittal because eye witnesses did not
support the prosecution story, but on the file, there is no documentary proof
as to how the accused were acquitted. Whether eye witnesses had resiled
from their statements or not. Suppose in all cases registered against one
party at the instance of second party, then acquittal of the accused in all
cases and withdrawal of criminal revision on the allegation that parties have
effected compromise by settling all their disputes and are ready to live in
peace in future, then the appellants are not to be acquitted of the charges
levelled against them. In case parties have compromised and are willing to
live peacefully in future, then we are happy and hope that parties to reside
peacefully in future, but in view of the compromise amongst the parties, we
are not in a position to ignore the prosecution story by giving benefit of
doubt to the appellants and acquit them.