BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant filed the appeal before this Court against the judgement and order dated 11.02.2009 passed by the Special Judge, Gurdaspur, convicting the appellant under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appeal filed by the appellant stands admitted. Thereafter, the applicant/appellant filed CRM No. 6221 of 2009 for setting aside his aforesaid conviction judgement and order dated 11.02.2009 with further prayer to allow the appeal of the appellant on the basis of the compromise arrived at between the appellant and complainant-Gurbansh Lal.

(2.) It is stated by the learned counsel for the appellant that the matter has been settled between the appellant and complainant with the intervention of the respectable persons of the area. It is also stated that the compromise has been arrived at between the parties out of the complainants own free will and without any threats. A separate statement of complainant Gurbansh Lal has been recorded to that effect. Complainant Gurbansh Lal has also filed affidavit stating therein that he has entered into the compromise out of his own free will and without any pressure. He has further stated in the statement recorded separately as well as in the affidavit that he has no objection if conviction order of the appellant is set aside and he is acquitted of the charge.

(3.) A Criminal complaint was brought by complainant Gurbansh Lal under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities )Act, 1989. The allegation levelled in the complaint was that the appellant had used contemptuous language against the complainant.