Alla Rakha And Another vs State Of Uttarakhand And Another

Ravindra Maithani, J

The challenge in this revision is made to the followings:-

(i) Judgment and order dated 28.10.2021, passed in Criminal Case No.812 of 2011, State Vs. Alla Rakha and Another, by the court of Judicial Magistrate, Vikas Nagar, District Dehradun (“the case”). By it, the revisionists have been sentenced as follows:-

A. The revisionist Alla Rakha has been sentenced under Sections 419, 420 IPC and sentenced as follows:-

a. Under Section 420 IPC, to undergo imprisonment for a period of 1 year 6 months along with a file of Rs. 2,000/-. In default of payment of fine, the revisionist shall further undergo simple imprisonment for 10 days.

b. Under Section 419 IPC, to undergo 6 months’ imprisonment. It has been directed that both the sentences shall run concurrently.

B. The revisionist Ganga Devi has been convicted and sentenced under Section 420 IPC and sentenced to undergo imprisonment for a period of 1 year 6 months along with a file of Rs. 2,000/-. In default of payment of fine, the revisionist shall further undergo simple imprisonment for 10 days

(ii) Judgment and order dated 1.02.2024, passed in Criminal Appeal No.9 of 2021, Alla Rakha and Another Vs. State, by the court of Additional District and Sessions Judge, Vikasnagar, Dehradun. By it, the judgment and order dated 28.10.2021, passed in the case, has been upheld.

A joint compromise application (IA No. 2 of 2024) has been filed along with affidavits of the parties.

Heard learned counsel for the parties and perused the record.

Learned counsel for the parties would submit that parties have settled the dispute amicably, therefore, they may be permitted to compound the offence.

The revisionists as well as the respondent no.2, the informant, are present before the Court. They have verified the compromise.

The Court particularly asked the respondent no.2, Sher Singh Bisht. He would submit that he has settled the dispute with the revisionists amicably.

Since parties intend to settle the dispute amicably, leave is granted to compound the offence.

Parties have verified the compromise. The offences are therefore stood compounded.

In view of it, the revisionists are entitled to be acquitted of the charges under which they have been convicted.

The revisionist Alla Rakha is acquitted of the charges under Sections 419 and 420 IPC. The revisionist Ganga Devi is acquitted of the charge under Section 420 IPC.

Accordingly, the revision is allowed. The impugned judgements and orders are set aside.

Compromise Application No. 2 of 2024 stands disposed of, accordingly.