HEM RAJ Vs. ROOP SINGH

JUDGEMENT

(1.) By way of this revision petition, the petitioner has challenged the judgment passed by the Court of learned Judicial Magistrate First Class, Chachiot, at Gohar, District Shimla, H.P. in criminal complaint Case No. 161-I of 2016/66-III/2016, titled as Roop Singh vs. Hem Raj, dtd. 24/8/2018, which criminal case stood disposed of by the learned Trial Court, by sentencing the present petitioner, vide judgment and order of sentence dtd. 24/8/2018, to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs.80,000.00to the complainant, as well as the judgment passed by the Court of learned Additional Sessions Judge(II), Mandi, District Mandi, H.P., in appeal, i.e. Criminal Appeal No. 32 of 2018, titled as Hem Raj vs. Roop Singh, dtd. 31/7/2019, vide which, the judgment passed by learned Trial Court was upheld by the learned Appellate Court and the appeal filed by the present petitioner against the judgment passed by learned Trial Court was dismissed.

(2.) The Court stands informed that during the pendency of the revision petition, the matter has been amicably settled between the petitioner and the respondent and the entire due amount stands paid by the petitioner to the respondent. This fact is not disputed by learned Counsel appearing for the respondent.

(3.) Learned Counsel for the petitioner submits that in view of said development, it will be in the interest of justice, in case, this Court exercises its power of compounding the offence in terms of the judgment of Hon'ble Supreme Court of India in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 Supreme Court Cases 663. He further submits that as the petitioner has made good the amount due to the respondent, it will be in the interest of justice, in case, in terms of para-25 of the judgment of Hon'ble Supreme Court of India (supra), the compounding fee is modified, taking into consideration the peculiar facts of the case and the financial condition of the petitioner. He assures the Court that, in case, the offence is compounded by this Court, then, the compounding fee, as shall be ordered by the Court, shall be paid by the petitioner within the time so granted by the Court.