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Judgment
This Appeal is directed against the judgment and order dated 13.10.2017, passed by the learned Sessions Judge, Rudrapur, District Udham
Singh Nagar, in Sessions Trial No. 01 of 2010 (New Computer Generated File No. 01 of 2010) ""State Vs. Mahesh Chandra Joshi"", whereby the
said court has convicted accused/appellant Mahesh Chandra Joshi under Sections 307, 323, 504 & 506 I.P.C., and sentenced him rigorous
imprisonment for a period of seven years and directed to pay fine of Rs. 15,000/- under Section 307 I.P.C., and in default of payment of fine
further simple imprisonment for a period of one year, rigorous imprisonment for a period of six months under Section 323 I.P.C., rigorous
imprisonment for a period of six months under Section 504 I.P.C., rigorous imprisonment for a period of six months under Section 506 I.P.C. It
was directed that all the sentences shall run concurrently.
Alongwith this Criminal Appeal, joint compounding application has also been filed by the appellant and injured/victim. In support of
compounding application, affidavits have been filed by Mr. Mahesh Chandra Joshi (appellant) and Mr. Ramesh Chandra Joshi (injured/victim). It is
submitted by the learned counsel for the parties that the parties have entered into the compromise and the matter has been amicably settled
between them and the injured/victim does not want to press his case filed against the appellant. It is prayed that, in view of the amicable settlement
between the parties, the offences may be compounded and the impugned judgment & order dated 13.10.2017, passed by the learned Sessions
Judge, Rudrapur, District Udham Singh Nagar, in Sessions Trial No. 01 of 2010 (New Computer Generated File No. 01 of 2010) ""State Vs.
Mahesh Chandra Joshi"", arising out of F.I.R. No. 45 of 2009 for the offences punishable under Section 307, 323, 504, 506 I.P.C., P.S.
Nanakmatta, District Udham Singh Nagar, may be quashed.
I have been informed that the complainant has died. Appellant as well as injured/victim are present in the Court today and they are duly
identified by their respective counsel.
Learned counsel for the appellant submitted that, during the pendency of this Criminal Appeal, the appellant and injured/victim have settled their
dispute amicable outside the Court, hence, the injured/victim is not interested in pursuing the case against the appellant and does not want to
prosecute the said case against the appellant.
Mr. Ramesh Chandra Joshi (injured/victim) appeared before me and submitted that the instant case is the outcome of a dispute between two
families regarding their personal grudge and parties are closely related to each other. He submitted that, due to intervention of family friends of both
the families, the appellant and injured/victim have settled their dispute amicably and, as such, no dispute remains between them and he does not
want to prosecute the appellant.
In view of the principle of law laid down by Hon''ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC
303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012,
criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties
are interested to restore peace and harmony between them.
Having considered submission of learned counsel for the parties and after going through the entire material available on record and also
considering the statement of injured/victim, I am satisfied that the matter has been settled between the parties amicably. Therefore, this Court is of
the view that, in the interest of justice, the injured/victim should be permitted to compound the offences proved against the appellant.
Accordingly, the Compounding Application is allowed. As a consequence of such compounding, the conviction and sentence recorded against
the appellant is hereby set aside. Appellant stands acquitted from the charge framed against him. The appellant is on bail. He need not to surrender.
His personal bonds and sureties are hereby discharged.
The Criminal Appeal thus stands disposed of on the basis of compromise entered into between the injured/victim and the appellant.
Let the lower Court''s record along with the copy of this judgment be forwarded to the learned trial Court for information.