MAHESH CHANDRA JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.