Top Court permits compunding of offence u/S.307 IPC where injured's sister married accused

Noting that during the pendency of the proceedings, the sister of the injured had gotten married to the accused namely Guhan, the top court on Tuesday permitted the parties concerned to compound the offence.

Court further noted that the accused persons as well as the injured were all residents of the same locality and they had approached the top court with a view to bring peace and to live cordially.

Guhan, the accused had approached the Supreme Court seeking permission to compound the offence and to set aside the order of conviction and sentence passed by the Additional District and Sessions Court, Chennai and upheld by the High Court of Madras.

In the impugned order, while confirming the conviction under Sections 307 read with Section 149, IPC the High Court had reduced the sentence awarded to Guhan to three years.

A bench of Justices BR Gavai and Hima Kohli noted that Guhan had already undergone a sentence of more than 18 months.

"In the peculiar facts and circumstances of this case, particularly when there is a marriage within the families of the injured and the accused, we consider it a fit case wherein this Court could exercise its power under Article 142 of the Constitution of India...", remarked the division vacation bench.

Accordingly, the court ordered that the sentence as directed by the High Court will be further modified to the period already undergone and the accused who were in jail shall be released forthwith, if not required in connection with any other case.

Case Title: GUHAN vs. STATE REPRESENTED BY INSPECTOR OF POLICE