RAJESH SHARMA Vs. GOPAL SINGH

JUDGEMENT

(1.) Present revision petition has been filed assailing judgment dated 07.04.2018 passed by learned Additional Sessions Judge, Rampur Bushahr, District Shimla H.P., in Cri. Appeal No. 23-R/10 of 2017, whereby judgment/order dated 27/29.04.2017, passed by learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, in criminal case No. 215-3 of 2015 convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of six months and to pay compensation of Rs.55,000/- to the complainant has been affirmed.

(2.) Learned counsel for respondent, under instructions, has stated, in his statement, that he is duly authorized and competent to make statement on behalf of the respondent as instructed by him and according to instructions imparted to him, petitioner Rajesh Sharma had to pay an amount of Rs.55,000/- in total to respondent Gopal Singh, but, he has been instructed to make statement that matter has been amicably settled and compromised with applicant/petitioner Rajesh Sharma and according to that compromise, amount deposited by petitioner in the Courts i.e. Rs.22,000/- in the trial Court and Rs.18,000/- in this Court is to be released in favour of Gopal Singh by remitting the same in his bank account No. 11156833535, State Bank of India, Rampur Bushahr, whereas remaining amount of Rs.15,000/- has been waived off by respondent and he shall not claim that amount in future and in turn, respondent Gopal Singh has agreed to withdraw the complaint for compounding the case and that the petition be disposed of accordingly with direction to release Rs.40,000/- in favour of respondent Gopal Singh. He has further stated that he has made the statement strictly in accordance with instructions imparted to him by respondent.

(3.) The petitioner has also made a statement that he does not want to contest the revision petition on merits and as per compromise, amount deposited by him in trial Court as well as in the Registry of this Court is to be released in favour of respondent/complainant and respondent/complainant has also agreed to compound the matter. He has stated that he has made the statement in Court today out of his free will, consent and also without any fear, threat, pressure or coercion.