SUBE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The two petitioners who are real brothers and sons of late Rajmal have invoked the jurisdiction of this Court under Section 482 Cr.P.C. for directing the Appellate Court at Hisar to 'compound' the offences in the pending criminal appeal arising out of judgement dated 16.03.2009 passed in Criminal Case No. 425-I of 2000 by Additional Chief Judicial Magistrate, Hisar, on the basis of compromise dated 08.08.2011 arrived at between them and their step-mother - respondent No. 2 (Smt. Reshma Devi) w/o late Rajmal. A brief reference to the facts is necessitated. Respondent No. 2 was owner-in-possession of the agriculture land to the extent of 1/5th share in the total land measuring 180K-18M comprised in Khewat/Khasra No. 106/168 to 170, situated within the revenue estate of Village Jhanjanwala, Tehsil Narwana, District Jind. She acquired ownership of the land as per the consent decree dated 02.02.1998 passed by Civil Court, Narwana in a Civil Suit titled as "Reshma v. Rajmal" (i.e. husband of Reshma). Rajmal had married twice and both the petitioners were born out of his first marriage whereas respondent No. 2 was his second wife.

(2.) Respondent No. 2 filed a criminal complaint under Section 156(3) of Cr.P.C. before the Judicial Magistrate with the following allegations:-

(3.) The Additional Chief Judicial Magistrate, Hisar vide his judgement and order dated 16.03.2009 (Annexure P1) held the petitioners as well as Ganga Singh, Chandi Ram and Raghbir guilty of the offences under Section 420, 467, 468 read with Section 120B IPC and sentenced them accordingly, with maximum RI of two years though all the sentences were directed to run concurrently.