SHIVANI CHAUHAN Vs. KAPOOR 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. 105-I of 2017/26-III/2017, titled as Kapoor Singh vs. Shivani Chauhan, which criminal case stood disposed of by the learned Trial Court vide judgment dtd. 29/6/2018, by sentencing the present petitioner, vide order of sentence dtd. 12/7/2018, to undergo simple imprisonment for a period of three months and to pay compensation to the tune of Rs.65,000.00 to 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. 22 of 2018, titled as Shivani Chauhan vs. Kapoor Singh and another, dtd. 24/6/2019, 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 respondent No. 1. Out of the total compensation amount of Rs.65,000.00, a sum of Rs.13,000.00 has been deposited before the learned Trial Court and a sum of Rs.20,000.00 with the Registry of this Court. Today, a sum of Rs.33,000.00 (Rs. Thirty Three Thousand Only) has been paid in cash by the petitioner to respondent No. 1 in the open Court, which amount is acknowledged by respondent No. 1. This fact is not disputed by learned Counsel for respondent No. 1.

(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.