Phool Singh And Four Others vs State Of Uttarakhand

Alok Kumar Verma, J

All the five revisionists – accused persons were convicted and sentenced to undergo simple imprisonment for a period of one year along with a fine of Rs.500/- each for the offence under Section 147 of the Indian Penal Code, 1860 (for short, “IPC”); they were convicted and sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.500/- each for the offence under Section 323 IPC, and, they were further convicted and sentenced to undergo simple imprisonment for a period of two years along with a fine of Rs.1,000/- each for the offence punishable under Section 325 IPC. Against the said judgment dated 12.03.2020, passed by learned Judicial Magistrate/ Civil Judge (Junior Division) Laksar, District Haridwar in Criminal Case No.104 of 2019, a Criminal Appeal was filed. The said Criminal Appeal (No.116 of 2020) has been dismissed vide judgment dated 08.10.2021, passed by learned Additional Sessions Judge, Laksar, District Haridwar.

In the present matter, a Compromise Application (IA No.03 of 2023) has been filed along with affidavits of the revisionists, victims/injured persons and informant.

Deshraj, informant, Suresh Pal, Smt. Sundari and Smt. Nagini, injured persons, are present through video conferencing. They are identified by Mr. Mehboob Rahi, Advocate.

All the revisionists- accused persons are present through video conferencing and they are identified by Ms. Shalini Thakral, Advocate.

Both, informant, victims and all the revisionists – accused persons have submitted that they have settled their disputes. They further submitted that they have filed a compromise application along with affidavits with their free will and without any pressure. Informant and all the victims have further submitted that they do not want to proceed with the present matter. They have requested to decide the present revision on the basis of compromise.

Learned counsel for the State has submitted that both the parties have settled their private disputes, therefore, State has no objection to decide the present revision on the basis of compromise.

Present matter is pending since 2009. Therefore, in the facts and circumstances of this case, it would be appropriate to decide the present matter on the basis of compounding of the offences.

Consequently, the impugned judgment dated 08.10.2021, passed by learned Appellate Court and judgment dated 12.03.2020, passed by learned Trial Court are set aside. All the revisionists – accused persons are acquitted of the charge under Section 147, Section 323 and Section 325 of the Indian Penal Code, 1860 on the basis of compounding of the offences.

Present Criminal Revision (No.355 of 2021) is disposed of accordingly.