Benefit of probation extended under Section 4 of the Probation of Offenders Act, applying Article 142 to ensure parity with cross-case.

Appellant directed to furnish a personal bond of ₹10,000 with surety for six months.

Settled disputes, absence of criminal antecedents, and prolonged trial supported leniency.

• Settlement Background: Paras 6–8.
• Cross-Case Parity: Paras 12–14.
• Final Directions: Paras 19–21.

Acts and Sections Discussed

1. Constitution of India, 1950 (COI)
• Article 142
2. Indian Penal Code, 1860 (IPC)
• Sections 148, 149, 323, 325, 326, 452, 307
3. Code of Criminal Procedure, 1973 (CrPC)
• Section 428
4. Probation of Offenders Act, 1958
• Sections 4, 5, 11

Keywords

Probation, Settlement, Cross-Complaints, Sentence Modification, Family Dispute, Concurrent Sentence, Article 142.

Facts

Nature of the Litigation:
Criminal appeal filed against the conviction under Sections 326, 325, 452, and 323 IPC after partial acquittal by the Rajasthan High Court.

Relief Sought:
Extension of probation benefits, citing amicable settlement in a related cross-case.

Reason for Filing the Case:
Dispute within a family led to two cross-complaints registered as separate FIRs from incidents occurring on the same day.

Relevant Laws in Question:
Application of the Probation of Offenders Act, parity in sentencing, and the powers under Article 142.

Prior Decisions:

• High Court upheld partial conviction, modifying sentences.
• Separate proceedings for cross-case concluded with probation for accused parties in 2019.

Issues

a. Can the benefit of probation be extended to the appellant in light of an amicable settlement in the cross-case?
b. Should the High Court's rejection of probation, despite parity in circumstances, be revisited under Article 142?

Submissions/Arguments

Appellant:

• Dispute resolved through settlement in the cross-case, evidenced by Magistrate’s 2019 judgment.
• Highlighted prolonged litigation and advanced age.

Respondent (State):

• Opposed probation benefits citing injury severity and deterrence principles.