13 August 2018
Supreme Court
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BIPIN KUMAR Vs THE STATE OF BIHAR

Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: Crl.A. No.-000993-000993 / 2018
Diary number: 6436 / 2018
Advocates: KUMAR MIHIR Vs


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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL  NO(S). 993/2018

(ARISING FROM SLP (CRL) NOS.4557/2018)

BIPIN KUMAR & ORS.                                 APPELLANT(S)

                               VERSUS

THE STATE OF BIHAR & ANR.                          RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted.

2. The appellants are before this Court, aggrieved

by the conviction in Sessions Trial No.113/2012 on

the  file  of  Additional  Sessions  Judge  III,  Banka,

Bihar.  They have been convicted under Sections 323,

325 and 341 read with 34 IPC and sentenced to undergo

rigorous  imprisonment  for  six  months  under  Section

323/34 IPC, three years under Section 325/34 IPC and

simple imprisonment of one month under Section 341/34

IPC.  The sentences are to run concurrently.  The

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conviction and sentence have been confirmed by the

High  Court.  Thus, the  appellants are  before this

Court.

3. There  is  no  dispute  that  the  parties  are

relatives.  During the pendency of the appeal, the de

facto  complainant  has  been  impleaded  in  the  party

array.

4. The  de  facto  complainant  has  now  filed  an

affidavit  stating  that  the  disputes  in  the  family

have been settled amicably with the intervention of

the elders of the family and the normal relationship

is being restored in the family.

5. It  is  prayed  jointly  by  the  parties  that  the

offences may be compounded.

6. Learned counsel appearing for the State submits

that this is essentially a dispute among the members

of the family and the State has no objection in case

the offences are compounded.

7. Having heard the learned counsel appearing for

the contesting parties, we are of the view that it is

only in the interest of restoring peace in the family

that  the  offences  are  compounded.   Ordered

accordingly.

8. The appeal is disposed of, as above.

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9. Pending  applications,  if  any,  shall  stand

disposed of.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [SANJAY KISHAN KAUL]  

NEW DELHI; AUGUST 13, 2018.

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