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Pawan Kumar vs Tarsem Raj And Anr on 27 February, 2024

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Punjab-Haryana High Court

Pawan Kumar vs Tarsem Raj And Anr on 27 February, 2024

Neutral Citation No:2024:PHHC:027127

CRR No. 3991 of 2018 1 2024:PHHC:027127

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRR No. 3991 of 2018 (OM)
DATE OF DECISION :- 27.02.2024

Pawan Kumar …Petitioner

Versus

Tarsem Raj and another …Respondents

CORAM: HON’BLE MR. JUSTICE SUMEET GOEL

Present:- Mr. Dinesh Mahajan, Advocate for the petitioner.

Mr. Sandeep Godara, Advocate
for Mr. Ajay Pal Singh Rehan, Advocate for respondent No. 1.

Mr. Adhiraj Singh, AAG, Punjab.
***
SUMEET GOEL, J. (Oral)

The present revision petition is directed against the order dated

26.11.2018 passed by learned Additional Sessions Judge, Gurdaspur

whereby the petitioner-Pawan Kumar was convicted for offence under

Section 406 IPC and was sentenced to undergo rigorous imprisonment for a

period of 01 year and to pay a fine of Rs.1000/- and in default of payment of

fine to further undergo rigorous imprisonment for a period of 15 days.

On 08.02.2024, following order was passed :

“Learned counsel for the petitioner and respondent No. 1 are
ad-idem that the parties have entered into a compromise dated
23.08.2023 (copy whereof has been appended as Annexure P1).

(i) The petitioner shall appear before the Illaqa
Magistrate concerned on 13.2.2024 or any date
thereafter as fixed by Illaqa Magistrate for recording
statement of the petitioner as well as of the complainant
qua the factum of compromise. As and when any such
appearance is made, the Illaqa Magistrate shall do the

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Neutral Citation No:2024:PHHC:027127

CRR No. 3991 of 2018 2 2024:PHHC:027127

needful for recording the statements of the parties qua the
factum of the compromise. It shall be open to the Illaqa
Magistrate to either record the statement of the parties by
physical process or by video conferencing as deemed
appropriate by the Illaqa Magistrate.

(ii) In case the statement is to be recorded by way of
video conferencing, the parties concerned shall be duly
identified through video conferencing by their respective
counsel, subject to the satisfaction of the Presiding
Officer.

(iii) The Illaqa Magistrate may also choose to get the
statements of the parties recorded through some
Commissioner, appointed by the Court who would be
some Advocate having sufficient standing at the Bar. In
case the statement is recorded through some
Commissioner, such Commissioner/Advocate shall
furnish an affidavit after recording statements to the
effect that the parties had appeared before him/her and
he/she had recorded their statements as per law and that
the said parties had been duly identified by their
respective counsel. This shall be subject to satisfaction of
Illaqa Magistrate.

After recording the statements of all the affected parties
in either of the aforesaid manner, the Illaqa Magistrate shall
submit its report on the basis of the statements so recorded as to
whether all the affected parties have entered into a compromise
and as to whether the compromise in question is found to be a
valid compromise and has been effected without there being any
kind of influence or coercion.

The Illaqa Magistrate shall also report as regards the
following facts after seeking information from Investigating
Officer, concerned:

(i) Whether there is any other accused other than the
petitioners, arrayed in this petition.

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Neutral Citation No:2024:PHHC:027127

CRR No. 3991 of 2018 3 2024:PHHC:027127

(ii) Whether there is any other complainant or
affected/aggrieved party other than the
respondents, arrayed in the petition.

(iii) Whether any accused has been declared
Proclaimed Offender?

The report be submitted before this Court before
the next date of hearing i.e. 27.02.2024.
To be shown in the urgent list.”

Pursuant to the aforesaid order, report dated 15.02.2024 from Chief

Judicial Magistrate, Gurdaspur has been received, which reads as follows :

“The parties suffered their statements voluntarily and without any
coercion or undue influence before Court as they have compromised
their dispute with the intervention of relatives and respectable persons
of the locality, which seems to be genuine.
I submit the following information:

Sr. No. Information Remarks
1. Whether there is any Except the petitioner
accused other than Pawan Kumar, there is the
petitioners arrayed in one another accused
petition. namely Raj Rani, who has
been acquitted by the trial
Court as well as Id.
Additional Sessions
Judge,Gurdaspur.

2. Whether there is any Except respondent No.1
other complainant or Tarsem Raj and victim
affected/aggrieved party Meena Kumar, there is no
other than the respondents other complainant or
arrayed in the petition. affected/aggrieved party.

3. Whether any accused has No Sir.

been declared proclaimed
offender?

Report submitted for kind perusal.”

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Neutral Citation No:2024:PHHC:027127

CRR No. 3991 of 2018 4 2024:PHHC:027127

In view of the above, the revision petition is allowed. The

judgment dated 26.11.2018 passed by learned Additional Sessions Judge,

Gurdaspur is set aside and the petitioner is acquitted on basis of

compromise.

Pending application(s), if any, shall also stand disposed off.

(SUMEET GOEL)
JUDGE
27.02.2024
P.Singh

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

Neutral Citation No:2024:PHHC:027127

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