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Judgment
12 paragraphs · 400 words@Judgmenttag-Judgment
N.S. Dhanik, J
In the delay condonation application (CRMA No. 951 of 2020), cause shown is sufficient to condone the delay of 28 days' in filing the revision.
the delay of 28 days' in preferring the revision is not seriously opposed by the State Counsel and the delay is, therefore, condoned.
Admit.
Heard learned counsel for the parties on the compounding application.
This Criminal Revision has been filed by the revisionist against the judgment and order dated 20.12.2018 passed by the learned Judicial Magistrate Ramnagar, District Nainital in Criminal Case No. 163 of 2017. Along with this Criminal Revision, a joint compounding application has also been filed. In support of compounding application, affidavits have been filed by Nikhil Saxena (revisionist) and Mr. Deepak Sharma (respondent no. 2). In the compounding application it is stated that the dispute between the parties is settled amicably and now the respondent no. 2 did not want to pursue the case further.
Mr. Nikhil Saxena (revisionist) and Mr. Deepak Sharma (respondent No. 2) are present before this court through Video Conferencing and they are duly identified by their respective counsel. They verified the contents of the compounding application.
Learned State Counsel conceded that the matter can be compounded.
In view of the principle of law laid down by Hon'ble 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 entire material available on record and also considering the statement of the victim, I am satisfied that the matter has been settled between the parties amicably. Therefore, this compounding application deserves to be allowed.
Accordingly compounding application is allowed. The impugned judgment and order dated 20.12.2018 passed by the learned Judicial Magistrate Ramnagar, District Nainital in Criminal Case No. 163 of 2017 is set aside. Conviction and sentence awarded to the revisionist is also set aside. He needs not to surrender. The Criminal Revision stands disposed of, accordingly. Copy today.