RAKESH KATOCH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 482 of the Criminal Procedure Code, praying for quashing of the sentence passed by the Court of learned Judicial Magistrate, 1st Class, Baijnath, District Kangra, H.P., against the present petitioner, in Criminal Complaint No.49-III/14, dtd. 17/4/2015, titled Vishal Goswami Versus Rakesh Katoch.

(2.) Brief facts necessary for the adjudication of the present petition are as under:-

(3.) Feeling aggrieved, the petitioner herein preferred an appeal under Sec. 374 of the Criminal Procedure Code before the learned Appellate Court. It appears that during the pendency of said appeal, some settlement took place between the complainant and the accused. This was followed by recording the statement of learned counsel for the present petitioner, i.e. the appellant therein before the Court of learned Additional Sessions Judge-III, Kangra at Dharamshala (Circuit Court at Baijnath), in the following terms:-