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Dalbir And Anr vs State Of Haryana And Anr on 4 October, 2018

Crl. Rev. No. 1702 of 2013 (OM) . -1-

IN THE HIGH COURT OF PUNJAB HARYANA
AT CHANDIGARH

Crl. Rev. No. 1702 of 2013 (OM)
Date of decision : 04.10.2018

Dalbir and another …… Petitioners

versus

State of Haryana Anr. … Respondents

CORAM:- HON’BLE MRS. JUSTICE ANITA CHAUDHRY

Present: Mr. Narinder Singh, Advocate
for the petitioners.

Mr. Tanuj Sharma, AAG, Haryana.

Mr. J.S. Hooda, Advocate
for the appellant-respondent no.2.

ANITA CHAUDHRY , J.

The trial of the petitioners in case FIR No. 212 dated

23.07.2007, registered under Sections 498-A, 406, 506, 323, 34 IPC,

Police Station Sadar Palwal, District Palwal culminated in their acquittal

by the Judicial Magistrate Ist Class, Palwal.

Aggrieved with the order complainant-respondent no.2 filed

an appeal, which was allowed by the Addl. Sessions Judge, Palwal on

26.03.2013. The judgment dated 13.01.2012 was set aside and the

petitioners were sentenced to undergo rigorous imprisonment for a period

of 02 years along with fine of Rs.2,000/- each for commission of offence

under Section 498-A IPC. In default of payment of fine they were to

further undergo rigorous imprisonment for a period of 1 month. They

were further sentenced to undergo rigorous imprisonment for a period of

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Crl. Rev. No. 1702 of 2013 (OM) . -2-

01 year for commission of offence under Section 406 IPC. Both the

sentences were ordered to run concurrently.

Aggrieved with the order of conviction, the petitioners have

preferred the instant revision petition. During the pendency thereof, it is

claimed that the parties have entered into compromise with the intervention

of respectable persons.

Report has been called from the Chief Judicial Magistrate,

Mansa, after statements of the parties were recorded regarding the

compromise. The Chief Judicial Magistrate, Palwal has reported that the

compromise is voluntary and without any pressure or coercion. He has also

sent the statements of parties along with the report.

Learned counsel for the petitioners has urged that now good

sense has prevailed and parties have decided to settle the dispute by entering

into a compromise and petitioner no.1 and complainant have decided to

reside together and have withdrawn all the cases. Affidavit of the

complainant, reiterating the factum of compromise has been placed on

record. Counsel further urges that all the parties have also appeared before

the CJM, Palwal and have affirmed the compromise. It is prayed that in

view of the compromise, the petitioners may be acquitted.

Learned counsel appearing for the complainant-applicant states

that the complainant has no objection if the petitioners are acquitted.

In view of the above, the application (CRM-6793-2018) is

allowed and the main revision is taken up on Board today itself.

MAIN CASE

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Crl. Rev. No. 1702 of 2013 (OM) . -3-

In the instant case, better sense has prevailed to the parties and

they have put an end to their grievance and have settled the dispute with

their free will without any pressure or coercion.

Since the parties have amicably settled their dispute, there is no

legal impediment in granting permission to them to compound the offence.

In view of the statements and report of the CJM, Mansa and the principles

laid down by the Full Bench judgment of this Court in Kulwinder Singh

and others Vs. State of Punjab and another, 2007(3) RCR (Criminal)

1052, approved by Hon’ble Apex Court in Gian Singh Vs. State of Punjab

and others (2013) 10 SCC 303, the instant revision petition is allowed.

Consequently, the judgment of conviction and sentence passed by the Court

below is set aside and the petitioners are acquitted of the charges.

(ANITA CHAUDHRY)
JUDGE

04.10.2018
‘Sunil’

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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