BAHADUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners were convicted by the learned Sub Divisional Judicial Magistrate, Mahendergarh for the offence under section 326/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for one month each. In appeal, the learned Sessions Judge, Narnaul upheld the conviction and sentence awarded to petitioner No. 1 Bahadur for the offence under Section 326 of the Indian Penal Code. However, so far as petitioner No. 2 Jaipal is concerned, his conviction was altered to that for the offence under section 324 of the Indian Penal Code and his sentence was reduced from one year to three months. The sentence of fine against both the petitioners was maintained.

(2.) WHEN this revision has come up for hearing, learned counsel for the petitioners and learned counsel for the complainant state that the parties have compromised.

(3.) THE parties viz. petitioner No. 2 and his counsel and the complainant and his counsel, have produced written compromise and its translated version. The compromise is read over to the complainant and he admits the same. Petitioner No. 2 also admits the same. Learned counsel for the petitioners also admits the same. It is exhibited as Ex. 'C'. The question now arises whether the compromise can be accepted or not. Learned counsel for the petitioners has cited the judgment in the case of Rajender Kumar v. State of Haryana, 1998(2) RCR (Criminal) 636. It has been observed by the learned Single Judge of this Court in the said case as under :