LAWS(P&H)-2015-9-41

RAMESH KUMAR AND ORS. Vs. STATE OF PUNJAB

Decided On September 07, 2015
Ramesh Kumar And Ors. Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THESE two identical criminal revision petitions bearing Nos. CRR -3036 -2014 (Ramesh Kumar @ Neeta v. State of Punjab) and CRR -3081 -2014 (Roshan Lal @ Billa and another v. Stae of Punjab) are directed against the similar orders of even date, i.e. 26.8.2014, passed by the same learned Additional Sessions Judge, whereby charges were framed against the petitioners.

(2.) NOTICE of motion was issued and thereafter these cases were referred to the mediation centre, to explore the possibility of an amicable settlement between the parties. However, parties did not succeed to arrive at an amicable settlement.

(3.) ON the other hand, learned counsel for the State as well as learned counsel for the complainant submit that since the daughter of the complainant was admittedly minor, a clear cut case of kidnapping was made out against the petitioners, in both the cases. She was born on 6.12.1993, whereas date of incident was 6.7.2010. Daughter of the complainant was just about 16 1/2 years of age on the date of occurrence. The conciliation proceedings also failed only because of the mala fide intention of the petitioners. At the time of getting the compromise effected, they insisted that the issue of payment by the petitioners to the daughter of the complainant, should not come in writing and they will pay the agreed amount. However, later on, they backed out from the said part of the compromise. They did not pay even a single penny to the daughter of the complainant and she has been left in lurch, without any kind of financial support. She was also turned out of matrimonial home along with her daughter of tender age. They further submit that the daughter of the complainant was still ready to settle the matter amicably, in case petitioners stand by their word given to her at the time of compromise, to pay her an amount of Rs. 1.5 lacs towards permanent alimony. They pray for dismissal of both these petitions.