- (1.) Delay condoned. The application for impleadment is allowed.
(2.) Leave granted.
(3.) This appeal by special leave is directed against the judgment and order dated 13/07/2012 passed in Criminal Appeal No. 1/2011 and the judgment and order dated 10/12/2012 passed in CRA Nos. 11, 12 & 17/2012 by the High Court of Calcutta. By the impugned order dated 13/07/2012 passed in Criminal Appeal No.1/2011 the High Court converted the conviction of the appellant from Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the SC & ST Act") to Section 354 of the IPC. The High Court, accordingly, partly allowed the appeal by modifying the sentence imposed by the trial court from rigorous imprisonment for one year and fine of Rs. 3,000/- to six months rigorous imprisonment and fine of Rs. 3,000/-, in default, to suffer rigorous imprisonment for three months. Thereafter the parties arrived at a compromise. Application was made to the High Court for grant of permission to compound the offence. The High Court vide impugned order dated 10/12/2012 passed in CRA Nos. 11, 12 & 17/2012 held that once the judgment has been delivered by the Court, the Court becomes functus officio and in the absence of any pending lis, it cannot entertain the application seeking to compound the offence. The High Court observed that remedy of the parties was to move this Court.;