2008 INSC 0128
                                    SUPREME COURT OF INDIA

                                             Dharamvir & Anr

                                                      Vs.

                                                 State of U.P

                                           Crl.A.No.138 of 2008

                                     (C.K. Thakker and D.K. Jain,JJ)

                                                 18.01.2008

                                                   ORDER

Arising out of S.L.P.(Criminal) No.1950 of 2007

1. Leave granted.

2. The learned counsel for the parties stated that the matter has been settled amicably and an
appropriate order of acquittal may be passed considering the provisions of Sections
342 and 323of the Indian Penal Code (IPC) and the provisions of sub- sections (1) and (8)
of Section 320 of the Code of Criminal Procedure, 1973 (for short hereinafter referred to as
the 'Code'). Sub-section (1) of Section 320 of the Code states that the offence specified under
in the Table under the said sub-section are compoundable by the parties (without the leave of
the Court). Both the offences punishable under Sections 342 and 323, IPC are shown in Table
under sub-section (1) of Section 320 of the Code. Since the appellants have been convicted
for those offences, i.e. offences punishable under Sections 342 and 323 IPC and both the
offences are compoundable, consequential order acquitting the appellants can be passed
under sub-section (8) of Section 320of the Code. We, accordingly, acquit the appellants for
the offences with which they were charged and convicted by the Courts below.
The appeal is, accordingly, allowed.

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