Ishwar Bharti vs Devinder Kumar & Anr

Rakesh Kainthla, J

Learned counsel for the petitioner has produced a receipt of the deposit of Rs.7125/- being 7.5% of the cheque amount of Rs.95,000/- issued by Member Secretary, H.P. State Legal Services Authority, Shimla, which is taken on record.

Learned counsel for the respondent/complainant under instruction has submitted that the matter has been compromised between the parties and complainant does not want to proceed further with the matter.

In view of this statement, the present petition is allowed and the judgment dated 23.10.2024 passed in Cr. Appeal No.1024 of 2023 by the learned Additional Session Judge, Mandi, District Mandi, Himachal Pradesh titled as Ishwar Bharti vs Devinder Kumar & Another affirming the judgment of conviction dated 17.03.2023 and order of sentence dated 27. 03.2023 passed by the learned Judicial Magistrate, First Class, Thunag, Mandi, Distt. Mandi,H.P in Criminal Complaint Reg. No.282 of 2022 titled as Devinder Kumar vs Ishwar Bharti are ordered to be set aside. The complaint filed by the complainant is ordered to be dismissed as not pressed.

It has been submitted that no amount is lying deposited in any of the Court, hence, no order for the disbursal of the amount is required to be passed.

It has been submitted that the petitioner is lodged in District Jail Mandi, H.P. He is ordered to be released forthwith, if not required in any other case. Release warrants be prepared accordingly and the same be sent to the Superintendent, District Jail, Mandi, H.P. forthwith for necessary compliance.

In view of the above, the present petition is disposed of, so also the pending miscellaneous application(s), if any.