STATE OF HARYANA Vs. PHUMAN SINGH

JUDGEMENT

(1.) THIS order shall dispose of Criminal Appeal No. 425-DBA of 1991 and Crl. Revision No. 660 of 1991 as both arise out of the same FIR.

(2.) THE Criminal Appeal has been filed by the State of Haryana against the order dated 15.6.1991 passed by the learned Judicial Magistrate Ist Class, Jagadhri on 15.6.1991, whereby he has acquitted all the accused-respondents for the offence under Sections 498-A, 405, 406 and 506 of the Indian Penal code (IPC, for short). The criminal revision petition is by the complainant against the said order of acquittal.

(3.) ON 23.7.2003 during the pendency of the appeal Shri G.S. Bhatia learned counsel for respondent Nos. 3 to 5 made a statement to the effect that respondent Nos. 1 and 2 have since died. He also stated that the complainant has settled all her disputes and entered into a compromise with her husband Inderjit Singh (respondent No. 4). Shri R.K. Dhiman, Advocate, learned counsel for the complainant took time to verity these facts and on the adjourned date i.e. 30.7.2003, he on instructions from the complainant stated that a sum of Rs. 31,000/- is payable by the accused to the complainant in Court. Sh. Bhatia stated that the said amount would be paid to the complainant. Bank draft No. 223292 dated 9.8.2003 drawn on the Punjab National Bank at Chhappar for a sum of Rs. 31,000/- has been tendered in Court today. The said draft has been handed over to Jaipal Kaur, who is present in Court. Learned counsel for complainant-Jaipal Kaur on instructions from her states that he has no more claim against respondent Nos. 3 to 5 and that the appeal may be dismissed. He states that Criminal Revision No. 550 of 19912 filed by Jaipal Kaur may also be dismissed as not pressed. Besides, the respondent Nos. 1 and 2 having died, the appeal against them stands abated in terms of Section 394(1) of the Code of Criminal Procedure, 1973 (Cr.P.C. - for short).